? about getting a 50B, specifically re: pets and g*ns

Restraining/Protective Order

I'm waiting for a call back from legal aid but thought maybe y'all would have some answers or advice.

My abuser has never been physical, but I have plenty of evidence to get a protective order. I've been trying to get him out of my house (I own it) for six months and I should have started the eviction process then but I never imagined he'd do this. The eviction process takes 3-6 months here now and I can't survive that long.

I know this will be traumatic and awful, but I think I have to do it.

In my state, pets can be included in the order. I can ask for care and custody of all pets in the home, owned by either of us. His dog has been my dog for two years; I've been her primary caretaker, feeding, walking, giving meds, vet visits, etc (but the vet has her in his name). She's almost ten, she has cancer, and she's VERY attached to me and my dogs. He says he's rented a room and she can go with (when I say, then why don't you live there?? there's never an answer). But she will be alone so much. I've worked from home the whole time so she's almost never alone and when she is, she's with my dogs. I am sure she's going to be depressed, lonely and confused, and I'm certain she's going to decline quickly. He won't prioritize her. Feeding at regular times, walks, vet care, etc are not important to him. He knows the right thing is to leave her here but he'll take her just to spite me.

Has anyone included their ex's dog in a 50B, and how did it go? She wouldn't be in immediate danger if he took her, but he does drive drunk a lot. He's usually kind and loving to her, but will scream at her and call her names if she doesn't obey, and I saw him kick her recently, but I don't have proof.

I know trying to keep her is the absolute worst thing I could do to him (and it will be FOR her, not TO him) and he will likely fight it. He doesn't have any money for a lawyer but neither do I, I'm hoping legal aid will help. I'm not sure I want to risk trying for it if I'm unlikely to win, because this will trigger a rage beyond anything I've seen, I'm sure.

Assuming I were to win, and the order was for a year, would he be able to get her back after that, if she's still alive?

Second, the form for a 50B asks if you want the person to have their guns taken and if you want them to be barred from getting more.

He has a bunch of guns, but I know nothing about them, I don't even know how many he has or if they're all in my house. How does that work? If it's granted, will he have to turn in his guns? If so, I won't know if that's all of them. Some of them are not legal, idk why, but will he get in trouble for that? Will the police come to my house and collect them? Check his storage unit for others?

Thanks for any advice or answers.

Posted Nov 1, 2023, 4:07 PM UTC

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