Another restraining order ?

My friend called me to thank for my support this morning (poor bastard is pretty beat up). He is in the process of transferring all his guns just to be safe. Or course, it's his LTC that he is really concerned about. Guns be replaced, but losing one's carry permit sucks.

On a positive note, since he has to move out all his ammo as well, he offered to take me shooting sometime this week to see if we can make a dent in his his .308 stash. Seeing as I haven't shot my SOCOM in at least 2 months I'm pretty excited.
 
squirt said:
Go ahead and have people believe that their fortunes will be the same.... ALL JUDGES HAVE THEIR OWN OPINIONS AND AGENDA. Just because one person is successful in convincing a judge that they are not a threat, does not mean that another judge would feel the same way....

Most judges side with women, ESPECIALLY in the Peoples' Republic
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Correct in all repects. When my best friend was served with a restraining order he owned exactly one gun. The basis of the RO was that he had threatened the complainant (a male, not a woman) while carrying the gun on his person. At the date and time in the complaint he didn't even have possession of the gun....I had it. I had borrowed it from him 2 weeks earlier to develop a load for it, and I still had it at the time the RO was served on him.

We were in court, ready to contest the RO, and I was willing to testify. In fact, I was eager to do so. The judge called both attorneys to the bench, and the case never went forward. In speaking with the lawyer he said the judge made it clear he didn't want to hear the case. My gut feeling is that if he had heard the case he might have felt compelled to lift the restaining order, and if anything bad had happened that the newspapers would have crucified him for lifting it.

I would almost rather be charged with a felony than fight an RO. With a felony charge, the state has to prove I am guilty. With an RO, you have to prove you're 'innocent.' Try proving that.

The restraining order is one of the most abused things in the court system. They are as effective in stopping violence as the Munich Agreement was in stopping Hitler.

I hate them. [angry]
 
bob68 said:
when i went through my divorce over 30 yrs ago my ex did not push the ro issue so i did not have to worry about my guns that was the good news the bad news the divorce cost me close to 9k....but it was worth it as i fought and won custody rights of my three kids. the cost was definitely worth it.
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9K is the pre-game warm up for most people. You got lucky.

Mass-diver said:
My friend called me to thank for my support this morning (poor bastard is pretty beat up). He is in the process of transferring all his guns just to be safe. Or course, it's his LTC that he is really concerned about. Guns be replaced, but losing one's carry permit sucks.
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Smart man.
 
If I was threatened with a RO I wouldn’t wait around for things to happen. I’d contact a friend, that's willing, with a LTC and I’d catalog, photograph and bubble-wrap all firearms and lock them and some desiccant in a storage box similar to the one below and cart them off to the friends house. This is if he didn’t have a safe large enough to accommodate my firearms. I’d tell the lawyer of this action and have him check to see if there is any paperwork involved that should be carried out. Just my two cents. Good luck to him in any case.​

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Mass-diver said:
My friend called me to thank for my support this morning (poor bastard is pretty beat up). He is in the process of transferring all his guns just to be safe. Or course, it's his LTC that he is really concerned about. Guns be replaced, but losing one's carry permit sucks.

On a positive note, since he has to move out all his ammo as well, he offered to take me shooting sometime this week to see if we can make a dent in his his .308 stash. Seeing as I haven't shot my SOCOM in at least 2 months I'm pretty excited.
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He's in a war now and you can bet his beloved is gonna fight dirty. I been through this S*** and you just have to hunker down and protect yourself. The quicker he gets his head straight the better off he's going to be. WORD!
 
6hold said:
If I was threatened with a RO I wouldn’t wait around for things to happen. I’d contact a friend, that's willing, with a LTC and I’d catalog, photograph and bubble-wrap all firearms and lock them and some desiccant in a storage box similar to the one below and cart them off to the friends house. This is if he didn’t have a safe large enough to accommodate my firearms. I’d tell the lawyer of this action and have him check to see if there is any paperwork involved that should be carried out. Just my two cents. Good luck to him in any case.​

0007169123796_L4.jpg

LOCKABLE RUBBERMAIN DECK STORAGE BOX
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Click to expand...

That box could come in handy for ... several purposes. That I can think of. Hmm ...
 
no kids no home,,,,,,ok whats there to be messy about. Is there not a "reason" needed for a restraining order? My co worker took 3 years to get back into his house. He paid the mortgage and bills while the wife was a gamblaholic liveing free. Shes out but still attached to the house. he is working on paying here off. PS have a FFL pick up your guns and ammo and transfer them to a friend or family member with LTC.....
 
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Don't know how it works with an RO but a friend had an issue with their kid that involved the police telling them that all guns had to be removed from the property. They turned all of their guns over to me and the police OK'd it. I made up an inventory list with serial numbers, we both signed it, and I gave a copy to the officer.
 
I am really curious, would it have helped or hurt your friend if he went to his Chief to discuss what was happening? I would think that if you go to your Chief or LO and have a meeting regarding what is happening, they may determine you not to be a threat. They may HAVE TO LEGALLY take your license away, but would not hesitate in returning it when things cool down.

Does anyone think that it is a bad idea to talk to your Chief or LO before an RO MAY be granted? I know that this may be an ABSOLUTE NO-NO in an anti gun town, but what about the green towns?
 
IMHO unless you are really good friends with the C.O.P., walking in there and saying "oh btw my wife is threatening me with an RO what do you think" is going to get your permit pulled on the spot in many places and an escorted ride home to hand the guns over to an officer.

No cop wants the media on his case.... "Chief Wiggins, you had prior knowledge that a RO was going to be sought, and you let Mr. Smith go home, get a gun and kill his wife?"

Times have changed, I was actually in a courtroom when a Judge denied extending a RO! In the 90's there wasn't a Judge in the state that wouldn't issue a RO for any reason, now there are one or two that are actually following the law and issuing them after the criteria are met. Look at the case involving BPD last month, where the female accused the male of knocking her up, but didn't file rape charges. She sought a RO, which was granted, but it was vacated because in the opinion of the court, none of the legal requirements were met, i.e. married, living together, past relationship, had children together.
 
squirt said:
I am really curious, would it have helped or hurt your friend if he went to his Chief to discuss what was happening? I would think that if you go to your Chief or LO and have a meeting regarding what is happening, they may determine you not to be a threat. They may HAVE TO LEGALLY take your license away, but would not hesitate in returning it when things cool down.

Does anyone think that it is a bad idea to talk to your Chief or LO before an RO MAY be granted? I know that this may be an ABSOLUTE NO-NO in an anti gun town, but what about the green towns?
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Pointless. It isn't your chief who would issue the RO. It is a judge. Once the judge issues the RO, the chief must retrieve all your guns and ammo.
 
Make sure you let him know he can file one too...........I would. Wimminz GRrrrrrrrrrrrrrrrrrrrrr Squirt:: is VERY difficult to get a meeting with any CLEO unless your a atty, FWIW, its like the army, you never get to talk to the top!
 
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M1911 said:
Pointless. It isn't your chief who would issue the RO. It is a judge. Once the judge issues the RO, the chief must retrieve all your guns and ammo.
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I understand that... My question is, would it help in getting your LTC back quicker if you went to them, letting them see that you are not a threat, before the RO is issued. I think that everyone in this state knows that the issuance of an RO is a done deal when a woman requests it, and is standard procedure in a divorce.
 
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squirt said:
I understand that... My question is, would it help in getting your RO back quicker if you went to them, letting them see that you are not a threat. I think that everyone in this state that the issuance of an RO is a done deal when a woman requests it.
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Assuming by "RO back quicker" you meant LTC, No.
 
That isn't true...at least here in NC. You have to think of it this way, if a RO is issued against person B by person A, person A can't harass person B because they have a RO against them. It is an order to keep away and person A doesn't want to be around person B anyway...so there is no reason why person B would need a RO against person A.

lord1234 said:
I thought that RO's can be filed in "retaliatory" fashion. As in if I file one against party A, then party A can go and file one against me in "retaliation".
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I'm not up on MA laws mainly because I'm only a very part-time resident there and (at this moment) have no need to persue a RO against anyone in MA. Getting the jump on a RO is exactly a preemptive strike and (hopefully) common sense would prevent a RO being issued against both parties. There is a great bias with the courts with issuing RO's and my case was a good example. My ex was stalking the crap out of myself and my family and also sending harrassing e-mails to me. She would drive by our house and send me an e-mail telling me what I was doing. Pretty creepy stuff. I had all this evidence and went to the court house to file an ex-parte order (I believe that is how it is spelled)...basically an emergency order taking effect immediately with a court case within 2 weeks to hear both sides. There were at least 5 other women in the RO office and I was the only male. After filling out the paperwork I went into the courtroom to await the judge to review my paperwork and decide to issue the ex-parte. There were 3-4 women before me and they all basically said that they feared for themselves because their husbands/boyfriends were perceived to be violent (they stated that they weren't attacked yet...but were afraid that they would be). They were all issued ex-parte and I was feeling good about myself because I had "proof" that I was being stalked & harassed. The judge was looking at my package for a few minutes, called me to the bench and flat out told me that he was going to deny my ex-parte. I didn't even get a chance to plead my case even though every female before me had a chance to speak. WTF????? A court date was set and my ex was served. Now at that point she couldn't file a RO against me as there was one pending against her, but if my RO failed then she could file one against me when the case was dismissed. Anyway, after she was served she sent me more harassing e-mails pretty much calling me an idiot for doing this and said that I had no chance. First court date, we both didn't have lawyers and the judge asked her if she needed a continuance to get a lawyer. My ex claimed that she couldn't understand English (she is a Japanese national), I called BS because she works as a waitress...a job TALKING, but she had a chance to get her lawyer and I got a pitbull myself. Her's was a cheap-ass lawyer, a real dummy and she got mopped all over the floor. In the end it cost me 700.00 for my lawyer but I got a RO for 6 months (normal is 1 year) which finally shut her up. The good part is that it will be much easier for me to get a 2nd RO because she already has the history of the first one, but so far she has left us along. I would recommend that your friend get a RO, or at least file one first to buy some time, espically if he feels that she will file a RO against him no matter what. He really doesn't have anything to lose at this point going for it.

drgrant said:
I don't think this is true at all, at least in MA. 209A's woudln't be such a big deal if you could preemptively block them that way. The courts in this state
pretty much issue women a blank check with these too, initially.

-Mike
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Mattitude said:
I'm not up on MA laws mainly because I'm only a very part-time resident there and (at this moment) have no need to persue a RO against anyone in MA. Getting the jump on a RO is exactly a preemptive strike and (hopefully) common sense would prevent a RO being issued against both parties.
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Unfortunately, laws in general (and MA state laws in particular) don't have much to do with common sense.
 
squirt said:
I understand that... My question is, would it help in getting your LTC back quicker if you went to them, letting them see that you are not a threat, before the RO is issued. I think that everyone in this state knows that the issuance of an RO is a done deal when a woman requests it, and is standard procedure in a divorce.
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In my opinion, no.
 
Figured I'd update this thread. My buddy is hanging in there. He still has his LTC, all his firearms have been transferred to family members.

His lawyer is costing him big bucks, but it looks like he might avoid a restraining order. His lawyer reached a "no contact agreement" with her lawyer. As long as he has no contact with her, they won't file a restraining order. I guess the more time that goes by with no contact the better off he is anyways (in terms of the chances of judge issuing a restraining order).

Considering the guy did nothing wrong, the whole thing sucks, but I guess if keeps his ALP, he'll have done alright.
 
iefstath said:
short term...his guns may want to have an extended sleepover at your place.
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If you do this you might want to do legal transfers on them. Anything registered to him is supposed to technically be in his control...his address. If he gets an RO taken out on him and he tells the cops you are storing them for him (or risk contempt of court) they will be at your place to take "his" guns and may take yours too if they don't know which are his and which are yours. If he transfers them to you (you can give him a letter promising return after his divorce) the cops can't touch them because they are your guns. Its not a good idea to let him borrow them...did I need to mention that? He may need court approval to do this as an RO prohibiting disposing property usually gets served with divorce papers.

I did that for a friend because Dowd's (the approved storage that the cops used) storage fees were going to surpass the value of his guns in about 6 weeks. We did transfers on 6 to get them from Dowd and an FA-10 on 4 and transfer on 2 after the RO expired. He paid the transfer fees both ways. It was suggested by his first atty and the cops didn't seem to have a beef. He was prepared to do the same for me when I went through a divorce but it wasn't necessary.
 
Bugs100 said:
I walked out of my house one day and the house next to me was surrounded by police officers.

I said to the nearest cop, what's going on? He said, The guys in there's ex-wife called and said He been calling her all day and threatening her. She want's us to take him in and take his guns. You better go back in your house..

I said, Good Luck, He went to Maine with his new girlfriend two weeks ago and is still there and won't be back for another week. If you don't believe me I got the keys, I put his mail on his kitchen table every day and feed his fish..

Some times it pays to get out of town..
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I was having similar thoughts. Since he doesn't own a home, perhaps it would be wise to move north, just across the Mass border to NH.
 
MassBites said:
I was having similar thoughts. Since he doesn't own a home, perhaps it would be wise to move north, just across the Mass border to NH.
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And I bet she didn't get in trouble even a teensy bit for filing a false police report that tied up such a large amount of PD resources and which caused such a potentially volatile situation. [thinking][rolleyes]
 
UPDATE: my buddy got the word yesterday that the wife is threatening to accuse him of threatening to kill her with a gun if he doesn't roll over in the divorce and give her what she wants (basically all their money).

His lawyer said that it way too far out (they have not had any contact in months) for a restraining order and the it is just a bargaining technique. Apparently, the problem is that while there is no proof that this ever happened, many judges think that anyone that would own guns is not in his right mind. :(
 
One piece of advice!

Fight the 209A if it's taken to the very last breath regardless of cost. Get a good lawyer and make sure the lawyer request the judge to remove the record from the CORI at the same time or it stays there forever!
 

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