Key points for Order To Surrender Weapons (OTSW)
State law allows the court to order the respondent to surrender weapons. The court may sign an order to surrender at the same time as the temporary order if the court finds that “irreparable injury could result” if the order wasn’t issued.
If you believe the respondent is in possession of firearms and you are in immediate danger, be sure to identify the firearms and provide as much information as possible.
Even if you don’t request Surrender of Weapons, Federal Law (18 U.S. Code § 922) restricts the respondent from owning guns for the duration of the protection order if you are filing against an intimate partner and are granted a full order.
Currently if a Surrender of Weapons Order is granted, state law requires that only law enforcement can serve the respondent the court documents. This requires a physical address where the respondent can be served. If you do not know where the respondent resides or works, requesting this order does create limitations.
If you have additional questions regarding surrender of weapons, please consult an attorney, domestic violence advocate or speak with a staff at the protection order office where you are filing your case.
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