ATF Definition: Restraining Order

Restraining Order.  Under 18 U.S.C. § 922, firearms may not be sold to or received by persons subject to a court order that:  (A) was issued after a hearing which the person received actual notice of and had an opportunity to participate in; (B) restrains such person from harassing, stalking, or threatening an intimate partner or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.  An “intimate partner” of a person is:  the spouse or former spouse of the person, the parent of a child of the person, or an individual who cohabitates or has cohabitating with the person.

Excerpt taken from the ATF 5320.1 - ATF Form 1

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