Asking for a friend

[hogwylde]

Really......

My friend is married to a woman who had a child from a previous marriage, and the child (17 y/o) tried to get physical with her mom and my friend grabbed the girl pushing her into the wall. The girl ended up calling the police and although they still live in the same house, he was served with a restraining order although he was never arrested or charged with anything.

Is he banned for life from getting an FID or LTC even though he wasn't charged with A&B or anything? He says that supposedly once his "probation" (not getting physical the girl) is over, he will have a clean record.

Thoughts?

 

[FireMedic102]

I believe he is banned as long as the restraining order is active. Anything after that is probably a question of his suitability in the eyes of the chief.

 

[TBalls]

IANAL, but

He's definitely screwed while the restraining order is in place, and what happens after really depends on how it's written up and whether he's on "probation", or probation. If he's clean and there's no charge he should be ok, but don't forget about the whole suitability issue. Even if his record is technically clean he may still have a hard time getting an unrestricted license.

 

[fencer]

I have a friend whose psycho ex wife filed 17 retraining orders against him more than 20 years ago. She never showed up for court.

He got an unrestricted LTC-A about 3 weeks ago.

I would not believe it if I did not see it with my own eyes. I swear this is true.

 

[appraiser]

It COULD be used against him under suitability, under the worst case scenario, and yes it has happened, and yes it has been fought to the SJC and the applicant lost.

Best case: the cop listens to his story and accepts it at face value, or the cop just doesn't GARA.

 

[Pugnax88]

Got a buddy who had a restraining order filed against him, but was dropped or something. He's got his unrestricted class A now, so I believe he would be fine. I can't say for certain, obviously, but good luck to him.

 

[ToddDubya]

Let's say it did come up as a suitability issue. Would the mother's side of the story be worth anything?

 

[Mass-diver]

Did the mother press charges on the daughter? If not, that's looks pretty bad for your buddy.

 

[hogwylde]

Did the mother press charges on the daughter? If not, that's looks pretty bad for your buddy.

Nobody pressed charges on anybody. He was served the protective order which states to not get physical with the child. That's it. They still even live under the same roof!