Gainey v. Gainey

STROUD, Judge.

The Guilford County Sheriff (“the Sheriff’) contends that the trial court erred when it granted defendant’s motion for the return of weapons surrendered pursuant to a domestic violence protective order because defendant is prohibited from owning or possessing any firearm pursuant to 18 U.S.C. § 922. We reverse and remand. .

I. Factual Background

On 4 December 2006 plaintiff filed a complaint pursuant to Chapter 50B seeking a domestic violence protective order (“DVPO”). The complaint alleged that on 3 December 2006 defendant “grabbed [plaintiff] by [the] neck and dug into [her]…