Restraining order question

[ErinGoBragh]

What is the name of your state (only U.S. law)? New York
Sorry, but this isn't a question for me, it's for my sister, who asked me to post for her since she's got her hands full at the moment.

My sister has a restraining order against the father of her child because he threatened on her voicemail to burn down the house she lived with it with her and the child in it, in addition to him grabbing her arm and trying to drag her into the car on the same day, which left bruising and resulted in the police being called.

The father has been arrested once for violation of the restraining order when he contacted my sister once before. At that time, the police seized a rifle and shotgun. This was in 2009.

Fast forward to now. Over the weekend, ex is arrested again for non-payment of child support (he was held in contempt of the court and a warrant was placed for his arrest), and they found a gun again that the girlfriend of the father had purchased for him as a father's day gift.

The father has repeatedly demonstrated that he is capable of violence, starting with an incident when my sister was pregnant when he shoved her down the stairs (the police were involved then as well, though my sister declined an RO at that time).

Is there any way that my sister can get the police or a judge to prevent the girlfriend from buying weapons for the use of the father? Needless to say, my sister is now very concerned about her and her child's welfare.

Also, just to note, my sister has permanent sole and legal custody, and the father has no visitation whatsoever, per a judge's order.

I have a feeling the GF has the right to buy whatever weapons she pleases since she is not the subject of the RO, but is this correct when she resides with the father?

ETA: I should note that the gun found over the weekend was ALSO seized by police.

 

[LdiJ]

What is the name of your state (only U.S. law)? New York
Sorry, but this isn't a question for me, it's for my sister, who asked me to post for her since she's got her hands full at the moment.

My sister has a restraining order against the father of her child because he threatened on her voicemail to burn down the house she lived with it with her and the child in it, in addition to him grabbing her arm and trying to drag her into the car on the same day, which left bruising and resulted in the police being called.

The father has been arrested once for violation of the restraining order when he contacted my sister once before. At that time, the police seized a rifle and shotgun. This was in 2009.

Fast forward to now. Over the weekend, ex is arrested again for non-payment of child support (he was held in contempt of the court and a warrant was placed for his arrest), and they found a gun again that the girlfriend of the father had purchased for him as a father's day gift.

The father has repeatedly demonstrated that he is capable of violence, starting with an incident when my sister was pregnant when he shoved her down the stairs (the police were involved then as well, though my sister declined an RO at that time).

Is there any way that my sister can get the police or a judge to prevent the girlfriend from buying weapons for the use of the father? Needless to say, my sister is now very concerned about her and her child's welfare.

Also, just to note, my sister has permanent sole and legal custody, and the father has no visitation whatsoever, per a judge's order.

I have a feeling the GF has the right to buy whatever weapons she pleases since she is not the subject of the RO, but is this correct when she resides with the father?

ETA: I should note that the gun found over the weekend was ALSO seized by police.

Unfortunately the bolded is correct. Is your sister required to provide the father with her address or phone number? If not, then it might be in her best interest/safety to move.

 

[ErinGoBragh]

Unfortunately the bolded is correct. Is your sister required to provide the father with her address or phone number? If not, then it might be in her best interest/safety to move.

She is not required to notify him, and she moved shortly after the RO was filed in order to protect herself and her son, since her attorney advised it given the seriousness of the threat. However, she takes the son to visit the parents, who disclosed the area in which she now lives. They nor he do not know the exact address though, so I don't think it's a big concern about him showing up there. Other locations, such as day care and her job, are another issue altogether, but she has resolved, and has, called the police if and when he's showed up (hence the violation of the RO). She, and to be honest, I (even though I know I'm not a party to it) are concerned about him having any sort of firearm in his possession given the circumstances, but I suspected that in all reality, that's beyond her or even the police's control to ensure it 24/7. It's disturbing though; the girlfriend seems to be hellbent on replacing his firearms, despite the fact that they have now been seized on two separate occasions.