- No contact with the alleged victim
- No use or possession of Alcohol or Illegal Drugs
- No possession of dangerous weapons, including all firearms
- Being subject to random searches and seizures of your person, home, and vehicle to assure that you are complying with you bail conditions
Since this answer relates to the question of being accused of domestic violence and still having firearms, let’s closely examine the condition, “no possession of dangerous weapons.” As always, please feel free to contact me if you have any questions which are not answered in this article.
Under the law, “dangerous weapons” includes all firearms, as well as all sporting firearms. For those accused of domestic violence, they are not permitted to own any firearms, and if they do have them, they are required to either store them with the police, give away or sell their firearms while their case is pending at Court. Quite often, the accused will store their firearms with a trusted family member, friend or even neighbor until the case is resolved. The key thing to remember is that the firearms cannot be kept where you are staying while fighting these charges. So if you are living with an extended family member, do not store the firearms at that house.
Importantly, if convicted of the domestic violence charge, then that person becomes forbidden from possessing firearms, period. In other words, a domestic violence conviction will make a person lose their Second Amendment rights. Federal law (18 U.S.C. § 922[g][1-9]) forbids the possession of firearms, ammunition or explosives. The penalty for violating this law is ten years incarceration and up to a $250,000 fine.
Another situation is if you are a Defendant in a pending Protection for Abuse case. Under the temporary order while the case is pending, Defendants can be required to relinquish their firearms. Moreover, if the Judge finds against you at the, you can be prohibited under federal law for life from possession of firearms. If you agree to an order, without a hearing, you could be prohibited from possession of firearms during the life of the agreed to order, which is typically two years in Maine.
Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with a domestic violence crime in Maine such as DV assault, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed this answer, you may also want to read:
- Domestic Violence in Maine
- What you need to know if fighting Domestic Violence Assault Charges
- What you need to know if accused of Domestic Violence Criminal Threating in Maine
- Do I have to be married to be accused of domestic violence in Maine?
- Can a simple push be considered Domestic Violence Assault?
- What if my spouse wants to drop the domestic violence charges?
- Is there a way to remove a No Contact Order (NCO) from my bail conditions in Maine?