Restraining Orders in Family Court: Can I Still Buy or Own a Gun?

If you are involved in a family court case in South Carolina, a judge may issue a restraining order in order to keep the peace between the parties involved. It is very important that the restraining order be worded effectively. Otherwise, it could be interpreted so as to prevent you from buying or owning a gun. Here is a suggestion on how a restraining order should be worded so as to lessen the likelihood of you being stopped from owning or buying a gun in South Carolina:

The parties are to abide by behavior restrictions, prohibiting behavior such as harassment, threatening, interfering with, bothering, molesting, disturbing, and/or intimidating. Further, both parties shall be subject to a “no adverse contact order” (NACO) which shall restrain the parties from engaging, directly or indirectly, in any adverse conduct towards one another. This NACO shall permit the parties to contact, associate, and communicate with one another only so long as both parties mutually consent to such contact, association, or communication. The parties acknowledge the purpose of this NACO is both to encourage and require civil contact communication between them, and this NACO) is not intended to trigger, implement, or affect any provision of the federal 18 U.S. Code, Chapter 44, nor is the NACO intended to rise to the level of, or be considered, an order of protection as defined in the South Carolina Protection from domestic abuse statutes. Provided, however, the parties agree that willful violation of this NACO so subjects the offending party to any action for contempt of court.

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