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help with restraining order

young n dumyoung n dum Member Posts: 2,327 ✭✭✭✭✭
New to this sight so if I've put this in the wrong place forgive me. Just a bit of background. When I was 18 I had a fiancee with whom I purchased a home. Needless to say this relationship took a header down hill and in retaliation she had a restraingin order placed on me. At the time I did not fight this and hence it became permanent. Now 7 yrs later I realize that I'm unable to purchase firearms. And in the last 5 yrs I have become a huge 2nd ammendment supporter ( parents big time liberals ) and have no idea how to correc this....any help/suggestions would be appreciated. And by the way best forum I have ever seen.

imay not know it all.....but at least I know that!

Comments

  • mpolansmpolans Member Posts: 1,752 ✭✭✭✭✭
    edited November -1
    First step would probably be getting an attorney licensed to practice in the area where the court where the restraining order was first issued is. If you have since moved out of state, you should still probably look online for an attorney back in the original state where your ex got the restraining order.
    This will likely not be a simple do-it-yourself, el cheapo quick fix where you can rely on internet advice. Do so at your peril.
  • HighballHighball Member Posts: 15,755
    edited November -1
    Welcome to the forum.

    Also to an America lost..the ideas of freedom and rights trashed in a sea of indifference,fear and corrupt high officials...

    I can give no comfort..you will find the legal system stacked against the Constitution..which SHOULD have made this law null and void.Not many lawyers will defend the Constitution..unless its to get gays into teachers positions in the schools....

    Lots of money ? Hire a national lawyer like Gerry Spence...and see if you can get this taken to the Supreme Corruption to be resolved.

    Broke ? .......Submit.
  • young n dumyoung n dum Member Posts: 2,327 ✭✭✭✭✭
    edited November -1
    Thank you for the info.....highball no money.....and absolutely no intention of submitting. I am not a criminal. Iam a very responsible firearm owner and have every intention of pursuing this until this is resolved in my favor. Has anyone had any experience in getting a restraining order removed? I think this may be my most plausible option as opposed to fighting the law itself.

    imay not know it all.....but at least I know that!
  • Matt45Matt45 Member Posts: 3,185
    edited November -1
    quote:Originally posted by young n dum
    Thank you for the info.....highball no money.....and absolutely no intention of submitting. I am not a criminal. Iam a very responsible firearm owner and have every intention of pursuing this until this is resolved in my favor. Has anyone had any experience in getting a restraining order removed? I think this may be my most plausible option as opposed to fighting the law itself.

    imay not know it all.....but at least I know that!


    Perhaps I'm confused, but...you were never Charged with a domestic violence or domestic abuse charge of any type? As well it appears you have never been convicted of either or any violent felony? (Or any other felony for that matter?)

    Have you actually tried to purchase a firearm and were denied?

    There are several members here who are very well versed in the ins and outs of the Byzantine firearms laws we have, I'm sure they will shed a bit more light on this, BUT, as best as I can recall, you need to be either treated or locked up for a mental illness, charged and convicted with a violent crime, felony or Dom violence charge in order to be denied 2nd Amendment rights.......

    Barring that, restraining orders start as temporary, and it takes at least the victim to go to court to seek a full one, even then many are for a specified period of time. Were you served with this order? Can you give us the broad strokes of what is says?


    fm_cr.jpgcomp45.gif

    Reserving my Right to Arm Bears!!!!

    People
    Eating
    Tasty
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    Handgun Control, Inc. says they want to "Keep guns out of the wrong hands."
    Guess what?
    You have the wrong hands.
  • young n dumyoung n dum Member Posts: 2,327 ✭✭✭✭✭
    edited November -1
    never convisted of anything....yes have attempted to purchase and was denied gun control act of 19?? states that I am a prohibited person due to the fact that there is a permanent restraing order. reason I accepted the order is permanent without too much of a fight is that the original temporary order contained my house ( that I was paying for ) as a prohibited place and she agreed to drop the house off and I took it. was tired of paying for a home I couldn't even go near. If I knew then what I know now I would have fought alot harder but at the time I just wanted my house back and for her to go away h3ll she starved my guinea pig to death.

    imay not know it all.....but at least I know that!
  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    You're goona have to fight it. If you do not, the system will infringe on your right to be armed.

    No money? I would say you have a problem.

    Death to Tyrants!!!
    Lev 26:14-39

    Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.

    Luke 22:36.
    "Followers of Christ, be armed."
  • pickenuppickenup Member, Moderator Posts: 22,361 ******
    edited November -1
    Read this.
    http://www.dvmen.org/dv-12.htm

    The gene pool needs chlorine.
  • young n dumyoung n dum Member Posts: 2,327 ✭✭✭✭✭
    edited November -1
    thanks much for the info pickenup id wonloaded all the forms and whatnot....looks like the only option is to attempt to have the restraining order emoved....I wonder what, if any chance I have?

    imay not know it all.....but at least I know that!
  • WranglerWrangler Member Posts: 5,788
    edited November -1
    You sure it is a restraining order and not a Protective Order?

    "You give respect... you get respect."
  • young n dumyoung n dum Member Posts: 2,327 ✭✭✭✭✭
    edited November -1
    restraining order for sure.

    imay not know it all.....but at least I know that!
  • dlonewolflldlonewolfll Member Posts: 77 ✭✭
    edited November -1
    Young and dum,

    It sounds as if you're the victim of the well meaning law that went amuk. As a deputy sheriff (retired) I am familiar with what has happened to you. It all has to do with the wording of the RO. It sounds to me that like the ex had put that she was in fear for her life as the reason for the TRO (which is the standard). There may even have been acquisations of physical abuse, as most domestic abuse advocates (people that help in filling out the TRO) try and push for as it helps the judge approve it. When the TRO was not challenged it became permanent. I would have to agree with Matt45 in that there is usually a time limit for a RO but the judge may not have specified one.

    What is happening is you are being flagged on background checks and you are, for all intents and purposes labeled as a domestic abuse violator and you won't get a firearm sold to you. It also hurts you for even being in possession of a firearm should you either buy one from a private sale or be given one as a present or even borrowing one.

    My advice to you is obtain a copy of the RO (if you don't already have one) from the court in which it was filed ( there will probably be a nominal fee) and start calling attorneys. There are some that will do a free initial consultation and you can discuss a course of action, costs, making payments, etc. Ask if you can get the RO nullified and expunged from your record. Before going have all your questions and concerns written down to help in the meeting. Your course of action is dictated by the jurisdiction of the RO.

    Don't back down in this matter. Fight to get an injustice removed from your record. Good luck to you in the fight!
  • DefenderDefender Member Posts: 1,772 ✭✭✭✭✭
    edited November -1
    Restraining orders and orders of protection are nearly always temporary. I suspect that an examination of the court file should indicate some kind of a time limit.

    I suspect that the Sheriff has just kept this order on his database by mistake or ignorance. There would also have to be an allegation of domestic violence on the petition requesting the order. My guess is that a careful reading of the court file will put this to bed.

    Otherwise the affected party needs to file a motion indicating that the passage of time and a lack of hostilities have made the continuation of the order unnecessary. Whatever you do don't tell the court that you want the order lifted so you can buy a gun or you'll wind up having to appeal the judge's predictable refusal. Instead say it's for a security clearance or employment considerations.


    Defender
    Private investigator licensed in AZ & CA that specializes in self defense cases.
  • CrittergitterCrittergitter Member Posts: 2,554 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by dlonewolfll
    Ask if you can get the RO nullified and expunged from your record.

    I think this is the best course. See a judge. Or have your attorney talk to a judge. You'll have to present your case that you're an honest, upright, contributing member of the community, with a job, and it was a long time ago, blah,blah,blah.......

    A friend of mine got a felony theft conviction expunged after several years, because he did it when he was young 'n' dum.[;)]

    And he can now vote, and purchase firearms. Don't give up. And good luck to you.

    If your beliefs aren't based in fact, TRUTH is the first casualty...
  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    True. It may just be a paper work error. We all know this happens.... a lot!!!

    Death to Tyrants!!!
    Lev 26:14-39

    Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.

    Luke 22:36.
    "Followers of Christ, be armed."
  • rovrmanrovrman Member Posts: 1,000 ✭✭✭✭
    edited November -1
    Just Kill her and move on.

    french people don't speak german, Thank my dad for that!!
  • young n dumyoung n dum Member Posts: 2,327 ✭✭✭✭✭
    edited November -1
    I really want to thank all of you for the encouragment and advice......I believe I have found all the necessary paperwork to have the RO removed! Now it's just a question of whether or not the judge deems my reasons good enough!

    imay not know it all.....but at least I know that!
  • Horse Plains DrifterHorse Plains Drifter Member Posts: 35,552 ✭✭✭
    edited November -1
    Welcome to the forum. Please keep us posted as to the outcome. It appears that you might be thinking of doing this yourself. I would suggest you seek legal counsel. Us lay people sometimes say or do things that can be twisted around and used against us.



    Aberdeen.gif
    81st FA BN WWII...Thanks Dad
    U!S!A! ALL THE WAY!!
  • Red223Red223 Member Posts: 7,946
    edited November -1
    Sue the State for taking away your right to own a firearm.

    Claim atleast $2.5 Million for pain and anguish for losing your right unjustly.
  • young n dumyoung n dum Member Posts: 2,327 ✭✭✭✭✭
    edited November -1
    True I think I may attempt to have this taken care of myself, reason being is that I contacted 2 lawyers, both offered to help, neither knew the process offhand and both wanted approx $8000 to do it. After I did a bit of research I found that it is a simple motion I have to file along with serving her with and announcement that I'm attempting to to have the order reversed, submit to 2 different background checks and attach the results to my motion then it's just a question of whether or not she shows and whether the judge deems there is probable cause to remove the restraining order. Going to request the background checks here in the next coupla weeks and will keep everybody posted. Again thanx to everyone.

    imay not know it all.....but at least I know that!
  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    You should change the screen name to "young and not so dum". Good show!!

    Death to Tyrants!!!
    Lev 26:14-39

    Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.

    Luke 22:36.
    "Followers of Christ, be armed."
  • RimshotRimshot Member Posts: 2 ✭✭
    edited November -1
    Hello,
    I'm new here and came across this topic. Sorry for digging this up from the past but hopefully the original poster has made some progress and can update us. You have a very nice web site here and alot of great insight.

    Let me tell you that 8 out of 10 people don't realize the seriousness of these unconstitutional laws. Look at the posts on this topic. It's a 'paperwork mistake', there is a 'time limit' and it will be 'nullified or expunged'. You guys are wrong. Pickenup linked to a great web site. It's all true. Dr. Tim Emerson gets out of prison this summer. Read up on him, there's alot of info out there. One of the sadest things I have ever heard of in my whole life.

    I am also experiencing the wrath of a woman. Only this woman was never a significant person to me, a neighbor, she totally lied and exaggerated to get what she wanted. She was coached about what to say. I never did anything wrong except call her husband a POS (my opinion) one day after they continued to harrass me and my family after I had told them we wanted nothing to do with them and to leave us alone. Never any threats or anything. Her husband tried to get it first but was denied and she even admitted in her permanent hearing that she was 'not in fear or really afraid' as she had stated in her trumped up sworn afidavit and that is a requirement under the law, about "the crazed, drugged, killer that he 'may be". What does that tell you? It's been 4 years now and everything in the link from pickenup's post is true. They can talk to you trying to get you to say 'just one thing', follow you, call your employer, damage your property, accuse you of false crimes and you can't say a thing back to them. Guess what, the court doesn't care that they do all of this because I took it back in to report all of this and try to have this dismissed because it's obvious they are abusing the system. The judge said, 'Motion denied, I don't have time to review this whole case over again, mamn, you shouldn't do those things.' I now have a civil case against them for defamation for being accused two times of different crimes, one being to my employer. And I can prove positively that the allegations were false and malicious. But that in no way changes the RO.

    What has happened to me is all too common. Another local man was jailed recently because the woman accused him of beating her. She did have bruises but the man had alibis for the time when she said it happened. They didn't care. Off to jail he went and he stayed there with a permanent RO against him. I guess she wanted to take care of one of his alibis so she did the same thing to that man a month later. He was released a couple of days later on bond. She didn't like that so she made something else up, bruises and all. He was rearrested. The only thing is, he had a probation ankle bracelet on and could prove he wasn't anywhere near where she claimed the 'attack' happened. The detectives finally had to really do their jobs and she admitted everything was a hoax. The charges were dropped against both guys, the first guy was released from jail after 6 months and she was arrested for a misdomeanor and was out the same day.

    I have written letters to all of the politicians. They don't care. They all think it would be political suicide to try to change these laws and not one of them is my peer so they couldn't care less. They would rather sacrifice 8 or 9 innocent people for the one bad apple. I always believed my beloved country treated justice the other way around with blind eyes hearing the facts from a gender neutral voice.

    My best advice for young n dum would be to give all of your firearms to a trusted friend for now. Make a motion to desolve on your own and hope she doesn't show or want to continue it because then you're screwed. It doesn't matter what lawyer you have, if she doesn't want it desolved it won't be. It doesn't even matter if you live in another state. That's why there is a federal law now. Trust me.

    And to anyone facing these false allegations. Get the best lawyer you can before the hearing. Remember, it's a civil issue for now and they need very little proof. Really they don't need any proof, they just have to say the right things and, as in my case, they get one of their girlfriends to also testify how you are really a scary person, you're done. UNLESS you get that lawyer from the beginning.
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