In many cases involving a domestic dispute, a judge might be inclined to issue a “No Adverse Contact Order” where the more drastic “Order of Protection” or “Restraining Order” is not warranted. A No Adverse Contact Order, however, even if temporary, can prevent a person from possessing firearms. Attorneys (or persons representing themselves) should always vigorously seek to have language in the order that prevents the order from triggering a firearms disability. Attorney T.H. Davis of Sumter, S.C. provided the following very important language that should be included in a No Adverse Contact Order:
The parties are both henceforth subject to a “No Adverse Contact Order” and they shall not hereafter engage directly or indirectly in any adverse hostile threatening or unpleasant conduct toward one another. The parties may contact each other and communicate with each other sol long as such communication is mutually agreeable and either party may end any such contact or communication at any time. The purpose of this order is to encourage positive contact and communication between the parties and this order is not intended to trigger any elements of 18 USCA Section 922 (g)(9) and it is not intended to rise to the level of, or be considered or construed as an order of protection or a restraining order. Violation of this order, however, may subject the offending party to contempt power of the court.
Please feel free to use this language – we claim no copyright.
© 2009-2013 Shaw, Kelley & Moore All Rights Reserved.
The parties are both henceforth subject to a “No Adverse Contact Order” and they shall not hereafter engage directly or indirectly in any adverse hostile threatening or unpleasant conduct toward one another. The parties may contact each other and communicate with each other sol long as such communication is mutually agreeable and either party may end any such contact or communication at any time. The purpose of this order is to encourage positive contact and communication between the parties and this order is not intended to trigger any elements of 18 USCA Section 922 (g)(9) and it is not intended to rise to the level of, or be considered or construed as an order of protection or a restraining order. Violation of this order, however, may subject the offending party to contempt power of the court.
Please feel free to use this language – we claim no copyright.
© 2009-2013 Shaw, Kelley & Moore All Rights Reserved.