Legal Question in Family Law in New York
my ex husband is taking me to court for an order of protection because we had an altercation in public. neither of us were physical, but I used fowl language in front of my 15 year old. they came to my house and took away my guns. To what degree is the court able to do that? I have the right to bare arms in NYS. I didn't threaten him in any way. We had an argument. He provoked me and taunted me into this altercation and I, like a mother bear, did what I felt I had to do or say to protect my daughter. What are my rights? I'm representing myself in court - how can I do that to the fullest capacity of the law?
1 Answer from Attorneys
Firearms and weapons are always removed if there are children in the home and allegations of domestic violence or a family offense. This is true even if the weapons were not used or present during the alleged incident. Once the matter is resolved, the Court will advise you as to how to recover your weapons.