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“What is Brady disqualification with a protective order? Does being Brady disqualified make a difference if I do not desire to possess a firearm?”

Under state and federal law, after a hearing, a person subject to an order of protection is Brady disqualified. The mechanism by which such an order may come to be issued is under the Indiana Civil Protective Order Act (ICPOA).

The ICPOA is generally limited to persons involved in domestic relationships. If applicable, and requested, a court may order a protective order to a protected person  prevent domestic violence.  Once issued and a hearing is conducted, the person under the order is Brady disqualified.

Can The Police Take My Guns Claiming I Am A “Dangerous Person”? And Can I Get Them Back?

When Brady Disqualification occurs, he or she is no longer able to possess, carry or purchase firearms.  Failure to comply with the order is a state and federal crime.

Given there is a law enforcement repository for these orders, and the orientation of our society to safety and security post-911, an order of protection may have greater implications for work, security clearances and the like. This is particularly the case with security personnel, police officers, or military personnel who carry firearms as a part of daily work duties.

At Ciyou & Dixon, P.C. we have handled cases on both sides of the continuum. From helping a battered spouse obtain an order of protection, to defending against them where the ICPOA did not apply or the fact did not support it. Inasmuch, if there is a valid defense, the person subject to the protective order should carefully this option.

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Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

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Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.