R:\Storage\AE\Chapman, Ronald (C)\Order denying motion to ...

intimate partner or person, or engaging in otherconduct that would place an intimate partner inreasonable fear of bodily injury to the partner or child,except that this paragraph shall only apply to a courtorder that –(A) was issued after a hearing of which such a personreceived actual notice, and at which such person hadthe opportunity to participate;(B) restrains such person from harassing, stalking, orthreatening an intimate partner of such person or childof such intimate partner of person, or engaging inconduct that would place an intimate partner inreasonable fear of bodily injury to the partner orchild; and(C)(i) includes a finding that such person representsa credible threat to the physical safety of suchintimate partner or child; or(ii) by its terms explicitly prohibits the use, attempteduse, or threatened use of physical force against suchintimate partner or child that would reasonably beexpected to cause bodily injury . . . to . . . possess . .. any firearm or ammunition.I. The Indictment Is Not Rendered Defective As a Result of the Protective Order’s Lackof Finding or Factual Support for a Finding of “Intimate Partners”To prove a violation of 922(g)(8) the United States must prove several elements beyond areasonable doubt, namely: 1) that the defendant knowingly possessed a firearm; 2) at a time whenhe was subject to a qualifying court order; and, 3) that the firearm was in or affecting interstatecommerce. 18 U.S.C. § 922(g)(8). Several procedural protections must be in place for a DVPO tobe applicable to a § 922(g)(8) restriction; these include: 1) that the order was issued after a hearinghad been scheduled; 2) that the defendant received actual notice of the hearing, and 3) that he hadan opportunity to participate in the hearing. Id. The government must also prove, beyond areasonable doubt, that the order contains specific contents: 1) that it restrains the defendant fromharassing, stalking, or threatening an intimate partner or engaging in other conduct that would place-5-