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unfortunately im going through a dispute with my sister. currently…

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unfortunately im going through a...
unfortunately im going through a dispute with my sister. currently she has a court protective order against me and my brother (not a restraining order), this does not concern me or my brother since its falsely based. but my brother works as a bouncer and keeps a concealed weapons permit but had to release it due to the protective order. my sister is now trying to extend the court order even though we have not seen or spoke to her in 6 months and i would like to know how likely is this to get approved and what could be done so that my brother could receive his permit back? additionally could you differ between restraining and protective order?
Submitted: 8 years ago.Category: Legal
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6/12/2010
Lawyer: Zoey, JD, Attorney replied 8 years ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,867
Experience: Active member of the NYS bar since 1989
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FranL :

Hello,

Restraining order, order of protection, no-contact order and protective order are all different names for the same thing. Basically, the person under the order is forbidden to have any (or is allowed to have only very restricted) contact with the party who took out the order. Failure to abide by these provisions would subject the person to arrest.

While an order of protection is pending on a domestic violence matter, your boyfriend loses both his state and Federal gun rights. If his sister wishes to extend the order, she will have to appear to do so and it would likely be granted unless your husband appears and presents evidence to oppose it and shows, by clearly and convincingly that he is not a threat to his sister.

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