|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
August 16, 2009, 03:49 AM | #1 |
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 |
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, 04:20 AM | #3 |
Senior Member
Join Date: May 22, 2007
Location: Arizona
Posts: 5,297
|
lawyer lawyer lawyer...
|
August 16, 2009, 04:28 AM | #4 |
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. -- |
August 16, 2009, 09:54 AM | #5 | |
Senior Member
Join Date: January 7, 2009
Posts: 1,827
|
+1
Quote:
If everything is as you say it is, your lawyer will be able to fix this.
__________________
Let's eat Grandma. Let's eat, Grandma. Commas save lives... |
|
August 16, 2009, 11:11 AM | #6 |
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 |
|
|