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Could a restraining order in itself be an element? Without any further charges? Or would it amount to conviction of a charge?
I ask because in divorces, judges passed out restraining orders like candy. Had to be no support justifications other than the spouse (normally female) requested it.
My son cohabited with a woman and when they separated she got a restraining order against him, stated she fealt he was dangerous. He had no contact with her at all and after 12 months it just went away. But there was never a reason to begin with.
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there would have to be a conviction, but a restraining andor protective order that wasn't temporary would handcuff your gun rights as a citizen.
sometimes a TRO as labeled by Al(Temporary restraining Order) or an order that is called something else in a different state which is just to get the ball rolling(emergency protective order as one of some other examples) is NOT enough to handcuff your gun rights. However, instances like this are obviously a hassle. One might receive an auto-generated revocation of there CCW because of such a snafu(depending on the state). One should be able to relatively easy restore their rights in such a scenario though once they can show nothing came of that. You make good points. Things like this happen all the time. I met a lawyer one time who looked at me with a straight face and told me she had her client ask for a restraining order one time because it made her case easier in a court...I don't know what case she meant whether custody, criminal, guns, or what the heck. I can say that I had a serious problem with that type of rhetoric from her. Because she gets paid she can ruin someone's 2A rights?! That's abuse in my opinion. those orders are supposed to be used to protect families, kids, women, and also men. they shouldn't be used as tools to further a different goal when they aren't truly needed.
PS- I REALLY WISH I KNEW WHAT ALL AND SCOTT WERE TALKING ABOUT WITH SCOTUS, 4TH CIRCUIT, ETC. I AM JUST A BEGINNER I GUESS