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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28366
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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My wife is going to court tomorrow in Ohio to cancel the

Customer Question

My wife is going to court tomorrow in Ohio to cancel the protection order she had filed against me.
My question is how do I get my firearms that were confiscated returned to me? The only thing the court would tell me is I need a written motion but they would not tell me what that consists of.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Are you going to be present tomorrow?

Customer: replied 1 year ago.
unless you think it would be better if I didn't , without an attorney present?
Expert:  FamilyAnswer replied 1 year ago.

The reason why I asked is because if you are present and the Judge cancels the protection order, you can then ask in court, for the return of your firearms, since there is no longer a restriction on you keeping them. The Judge can sign an order which would require them to be returned to you, since it is not of issue any longer. Worse case scenario, you do need to reduce it to writing and can file it after. In the body of the motion, you want to explain to the Judge the reason that they were confiscated and advise that the order is no longer in effect, which was the reason for them being taken in the first place and ask for their return.

Customer: replied 1 year ago.
Will the court supply the motion for me to fill out or do I have to come up with something ?
Expert:  FamilyAnswer replied 1 year ago.

If you do it orally, the Judge may just provide you a blank order to write up in court. If you wanted to really be prepared, you could write it and bring it with you and after the Judge decides on the motion, file it in open court.

Customer: replied 1 year ago.
I would like to be prepared just in case but I have no idea what it needs to say or how I should write it?
Expert:  FamilyAnswer replied 1 year ago.

I shared with you above what needs to be included. You can go to the clerk of court and see if they have a blank motion, whereby you write in the styling of the case and what relief you are requesting.

Expert:  FamilyAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!