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Thread: restraining order question

  1. #1
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    restraining order question

    Hello Gang,
    I am new to this forum and need some help on an issue that a lawyer was not certain of today when I consulted with him about this.
    It was free legal advice and I did not hire him.
    I have a concealed carry permit and I just had a restraining order issued against me by an ex girlfriend for emails only nothing in the form of physical body harm what so ever so my question is do I loose my right to have a concealed permit forever or will I still be able to carry again once this restraining order expires?

    I would really appreciate some help.
    The restraining order I am not concerned about as there will be no further contact with her ever but i would like to once again carry my firearm after this is over.

  2. #2
    Super Moderator Steve48's Avatar
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    I'll be interested in hearing the answer to this one. Unless the restraining order actually prohibits you from carrying, I wouldn't have expected that it affects you even now, given that you already have a CWFL.
    Steve
    NRA Life Member

  3. #3
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by JAP30 View Post
    Hello Gang,
    I am new to this forum and need some help on an issue that a lawyer was not certain of today when I consulted with him about this.
    It was free legal advice and I did not hire him.
    I have a concealed carry permit and I just had a restraining order issued against me by an ex girlfriend for emails only nothing in the form of physical body harm what so ever so my question is do I loose my right to have a concealed permit forever or will I still be able to carry again once this restraining order expires?

    I would really appreciate some help.
    The restraining order I am not concerned about as there will be no further contact with her ever but i would like to once again carry my firearm after this is over.
    Did a Judge have you surrender your license?
    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

    ...against ALL enemies, foreign AND domestic.

  4. #4
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    No not yet anyway.
    I have a temporary restraining order now with the court hearing on the 23rd but the restraining order paperwork says that I must surrender all guns and I cannot poses.My guess is the judge will up hold the restraining order for a period of time to ensure no further contact is made as the lawyer I talked to says the man goes into these hearings at a disadvantage to begin with and my chance of getting it dismissed is only about 30% even if I hire a lawyer.
    He called it the fast food of justice and said you are in and out pretty quickly at these hearings.

    This is all new to me so I really don't know how this will affect me.

    Thanks for any help.

  5. #5
    Super Moderator Rvrctyrngr's Avatar
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    *Not and attorney*

    Make sure you stay on top of this...orders of protection do not self-expire. Once the warrant is not longer active, you should be fine.

    Hire a lawyer anyway...seriously. They are worth the tag to have in your corner....SERIOUSLY!

    Even though they are SUPPOSED to give you your weapons back if you don't get convicted of any DV charge, as a matter of practicality, they won't, until you fight it (i.e., obtain a court order ordering their release).

    Hopefully, one of our resident legal-types will be along shortly with more detail.

    Good luck.
    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

    ...against ALL enemies, foreign AND domestic.

  6. #6
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    Thanks man,
    The one and only lawyer I talked to yesterday said to wait about 6 months to 1 year and then after having had no further contact with the person hire a lawyer then and have the restraining order dismissed at that time.
    He also said taking a lawyer into court with me to try and get this dismissed now is never a silver bullet and does ensure you will have it dismissed.

    With the sue crazy society we live in if the judge dismissed the warrant and I did harm her {which will never happen} then the court could be held responsible for dismissing the order so it covers everybody butt's to leave it in affect for a period of time.

    But like I said this is all very new to me and I appreciate everyone's help.

  7. #7
    Super Moderator Rvrctyrngr's Avatar
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    Quote Originally Posted by JAP30 View Post
    Thanks man,

    With the sue crazy society we live in if the judge dismissed the warrant and I did harm her {which will never happen} then the court could be held responsible for dismissing the order so it covers everybody butt's to leave it in affect for a period of time.
    I've been around the legal system most of my life...I've never heard of a court getting sued for an asinine decision....lord knows they happen often enough.

    Orders of protection get denied all the time with horrifying results....heck, there's horrifying results even when they are granted. Pieces of paper aren't bullet proof. You read about it all the time.

    You need to have an attorney with you at the hearing...really. 30% chance of it getting tossed is better than 0% and only one side of the story being presented effectively.
    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

    ...against ALL enemies, foreign AND domestic.

  8. #8
    Distinguished Member MPDC66's Avatar
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    "Surrender your weapons"? How about giving them to mom and dad or a trusted friend or relative for safe keeping. No registration makes it hard for them to know AND you are not in possession as the order demands.

    Check with an attorney on this (not free advice but an experienced specialist) and fight it all the way. Restoration of your license, IF they take it will be a nightmare and as things are going in Washington, may become impossible for you in the future.

    Again, JMO and I am NOT a lawyer. You, however, definitely need one.
    "I come in peace, I didn't bring artillery. But I am pleading with you with tears in my eyes: If you f---with me, I'll kill you all."
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  9. #9
    Member JETHRO's Avatar
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    Quote Originally Posted by JAP30 View Post
    Hello Gang,
    I am new to this forum and need some help on an issue that a lawyer was not certain of today when I consulted with him about this.
    It was free legal advice and I did not hire him.
    I have a concealed carry permit and I just had a restraining order issued against me by an ex girlfriend for emails only nothing in the form of physical body harm what so ever so my question is do I loose my right to have a concealed permit forever or will I still be able to carry again once this restraining order expires?

    I would really appreciate some help.
    The restraining order I am not concerned about as there will be no further contact with her ever but i would like to once again carry my firearm after this is over.
    When I was getting my CW permit someone with my same name had a restraining order on them and I had to straighten it out before they would give me my permit.. So I would say yes you do loose your right.

  10. #10
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    Lawyer up.

    At the moment you are under an emergency order for protection from domestic violence [a temporary restraining order]. As you pointed out, it prohibits you from possessing firearms and has ordered you to surrender all firearms. That is standard. I have no idea of the contents of your emails, and I don't want to know. But, having an attorney at the preliminary hearing may keep the order from being made permanent [resulting in the same, or greater, expenditure to have it rescinded later] and may even result in it being set aside or modified. A standing order for protection from domestic violence will prohibit you from possessing a weapon.

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