restraining orders and guns

microtech · August 16, 2009, 03:49 AM

So, I had a very bad breakup with my girlfriend. She took great offense to how much i liked my handgun. She became jealous of it i believe. She filed a restraining order against me precisely because she knew it would get my gun taken away from me. She told the judge that i said i would i would kill her if she tried to leave me then told them that i would call her work and threaten her co-workers that i would blow their heads off if they wouldn't let me talk to her on the phone. Everything she said was made up. She got the restraining order soley on lies. However, it seems like this could be a he said she said kind of thing. I have no past history of violence, and no arrest record and in fact she has a prior arrest for domestic abuse, battery against me. I have several witnesses and phone logs, and surveillance tape of me getting along with her co-workers. Does anyone have any similar experiences with retraining orders and if so, did you end up getting your guns back? I an in the state or california One thing is for sure. Never talking to that girl again. She is trouble.

Sarge · August 16, 2009, 04:08 AM

You'll have a full hearing on this, usually 14 days after service of the Ex-Parte Order. Don't miss it, do take your witnesses and any documentation of her prior instances of domestic violence. Most of these hearings are informal but consider taking an attorney along too.

Don't stipulate to anything unless and until fully you understand the consequences of each stipulation. If you're not careful you'll wind up with a full order of protection against you- which was 'agreed to by the parties'.

armoredman · August 16, 2009, 04:20 AM

lawyer lawyer lawyer...

LanceOregon · August 16, 2009, 04:28 AM

Women do this all the time again men. It is a very common tactic to use in a divorce, for by getting a restraining order, a woman can effectively kick her husband out of his own house, and take possession of everything they own.

You need to resign yourself to two things:

1) You are going to be without your handgun for awhile

2) You are going to need to hire an attorney to represent you in court.

Best case scenario: you could get your handgun back within 30 days. Worst case: you could lose it for a full year.

Is that your only firearm? Consider yourself lucky that you don't own a nice collection of guns.

--

jglsprings · August 16, 2009, 09:54 AM

+1

Quote:

lawyer lawyer lawyer...

You need the best lawyer you can afford. RIGHT NOW!

If everything is as you say it is, your lawyer will be able to fix this.

Glenn E. Meyer · August 16, 2009, 11:11 AM

The validity of parties claims in such matters is not for us to discuss. Nor is it very wise for someone to discuss specific legal difficulties on the Internet.

I might suggest the OP might want to delete or edit his post.

I am also closing it as the best advice was given - get thee to an attorney and talk only to such.

August 16, 2009, 03:49 AM	#1
microtech Senior Member Join Date: July 27, 2009 Posts: 106	restraining orders and guns So, I had a very bad breakup with my girlfriend. She took great offense to how much i liked my handgun. She became jealous of it i believe. She filed a restraining order against me precisely because she knew it would get my gun taken away from me. She told the judge that i said i would i would kill her if she tried to leave me then told them that i would call her work and threaten her co-workers that i would blow their heads off if they wouldn't let me talk to her on the phone. Everything she said was made up. She got the restraining order soley on lies. However, it seems like this could be a he said she said kind of thing. I have no past history of violence, and no arrest record and in fact she has a prior arrest for domestic abuse, battery against me. I have several witnesses and phone logs, and surveillance tape of me getting along with her co-workers. Does anyone have any similar experiences with retraining orders and if so, did you end up getting your guns back? I an in the state or california One thing is for sure. Never talking to that girl again. She is trouble.

August 16, 2009, 04:08 AM	#2
Sarge Senior Member Join Date: May 12, 2002 Location: MO Posts: 5,457	You'll have a full hearing on this, usually 14 days after service of the Ex-Parte Order. Don't miss it, do take your witnesses and any documentation of her prior instances of domestic violence. Most of these hearings are informal but consider taking an attorney along too. Don't stipulate to anything unless and until fully you understand the consequences of each stipulation. If you're not careful you'll wind up with a full order of protection against you- which was 'agreed to by the parties'. __________________ People were smarter before the Internet, or imbeciles were harder to notice.

August 16, 2009, 11:11 AM	#6
Glenn E. Meyer Senior Member Join Date: November 17, 2000 Posts: 20,064	The validity of parties claims in such matters is not for us to discuss. Nor is it very wise for someone to discuss specific legal difficulties on the Internet. I might suggest the OP might want to delete or edit his post. I am also closing it as the best advice was given - get thee to an attorney and talk only to such. __________________ NRA, TSRA, IDPA, NTI, Polite Soc. - Aux Armes, Citoyens

August 16, 2009, 04:20 AM	#3
armoredman Senior Member Join Date: May 22, 2007 Location: Arizona Posts: 5,297	lawyer lawyer lawyer...

August 16, 2009, 04:28 AM	#4
LanceOregon Junior member Join Date: May 10, 2008 Location: Oregon Posts: 2,774	Women do this all the time again men. It is a very common tactic to use in a divorce, for by getting a restraining order, a woman can effectively kick her husband out of his own house, and take possession of everything they own. You need to resign yourself to two things: 1) You are going to be without your handgun for awhile 2) You are going to need to hire an attorney to represent you in court. Best case scenario: you could get your handgun back within 30 days. Worst case: you could lose it for a full year. Is that your only firearm? Consider yourself lucky that you don't own a nice collection of guns. --