Don’t be Blindsided by your Civil Protection Order
I recently attended the 2025 Annual Firearm Convention in Atlanta, Georgia, hosted by the National Rifle Association. Hundreds of “gun people” attended from across the country while I focused upon the Firearm Law seminar given to attorneys for study credit in their individual states.
The scope and complexity of national firearm laws and regulations covered in the seminar impressed me. The NRA continues to advocate for more lenient gun laws and abhors restrictions.
The biggest impact of gun law on my domestic relations law practice takes place in the context of what to do with them when the family relationship falls apart. The United States has progressed far beyond the 1824 Mississippi case, Bradley v. State, which upheld a husband’s right to “moderate chastisement” and “salutary restraints” against his wife. In other words, wife-beating used to be acceptable, provided it wasn’t too severe. Now each state has its own version of domestic violence laws that are designed to protect victims from further danger. Ohio is no exception--it has codified elaborate statutes that cover everything from domestic violence between family members, stalking, and dating violence. See O.R.C. 3113.31, 2903.21.
Men are the primary targets of these state domestic violence laws. Given that most gun owners are men, and more than half of female homicide victims who die by gunfire do so by a gun wielded by an intimate partner, this is not surprising. What is surprising is the myriad of collateral consequences that may result from a civil protection order that can leave both parties shell shocked.
The United States Supreme Court upheld the constitutionality of 18 U.S.C. 922(g)(8) in the recent case of United States v. Rahimi. The statute declares that it is unlawful for any person “subject to a court order that restrains such person from harassing, stalking, or threatening an intimate partner” to possess any firearm or ammunition. This is a huge pit that prevents or should prevent gunowners from litigating whether they did in fact commit domestic violence.
An ex parte civil protection order can issue in Ohio when only one partner appears in court and alleges facts constituting domestic violence under Ohio statutes. Given the very broad definition of domestic violence, coupled with the fact that the other side has no idea the hearing is even taking place, virtually all ex parte civil protection orders are granted.
The fireworks take place at the “full hearing” when the responding party has the opportunity to present his side of the story. If he loses, the accused party then faces devastating consequences, including the future inability to own firearms and ammunition, as well as other effects on professional licenses and the almost certain loss of custody. Litigation is always high risk, but the successful finding of a carefully crafted allegation of domestic violence is usually the trump card for the accuser.
Consent agreements are something permitted in Ohio that should avoid any finding of dangerousness or domestic violence. In consent agreements, the parties agree to stay away from each other, but the consequences to the accused are far steeper than to the accuser. If the accuser violates a consent agreement, he can be charged with a first degree misdemeanor that will loop around to a gun prohibition if he is found guilty.
Gun people should be very careful when their relationships collapse. Most family law lawyers will recommend that firearms be itemized and stored away from the marital home. If you
find yourself accused of domestic violence, you should immediately hire an attorney familiar with the effects of a domestic violence finding.
Like guns, domestic violence cases are not to be played with.
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by Anne Harvey







