A wife comes home after a long day at work to find her husband already drunk. He is in a foul mood and a simple argument turns into a massive confrontation. He makes veiled threats against his wife, and she fears for her safety. She knows that he legally owns several types of firearms, which he stores in the nearby closet. She is worried that he will use one of his weapons against her. What legal action can she take to protect herself?
Illinois’ governor signed a red flag gun law recently. The law allows Illinois courts to remove guns from individuals who present an “immediate and present danger” to themselves or others. The wife in this scenario can now file a petition asking an Illinois judge to issue a firearm restraining order. If the judge grants her petition and issues the firearm restraining order, law enforcement officers can confiscate the guns for a period of time.
Why do Judges Deny a Petition for a Firearm Restraining Order?
There are several reasons why a judge denies a petition for a firearm restraining order. The first reason would be that the person filing the petition did not have a right to file the petition. Only certain family members and law enforcement officials can file for a firearm restraining order. Family members include the gun owners’ spouse, parents, children, step-children, siblings, or another related person. Family members also include any person living in the same building as the gun owner (i.e. house, apartment building, residential community, etc) .
A judge may deny the petition for a firearm restraining order when the petitioner does not provide clear and convincing evidence that the gun owner is dangerous. The petitioner must demonstrate that the person is at risk of harming him or herself or others with a firearm. When civilians file petitions, they may not have adequate evidence to prove that the gun owner is dangerous. Law enforcement officers may have the ability to investigate the gun owner’s background and find more evidence that supports the firearm restraining order.
What to do When a Court Denies Your Petition
If your petition has been denied, it is wise to speak with a skilled attorney who can help you submit another petition. If you filed a petition for a six-month firearm restraining order and a judge denied that order, you may be able to file for emergency firearms restraining order. Emergency order based solely on your testimony to the judge. In order to succeed in securing an emergency restraining order, something needs to happen that shows that you need emergency protection.
If this is the case, it is imperative that you seek an emergency order as soon as possible. Contact the Cook County attorneys at Glasgow & Olsson to find out how our skilled attorneys can help you fight for your safety.