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View Full Version : Domestic violence charged dropped, can get guns back now?


Nodaedul
04-23-2010, 6:44 PM
With a domestic violence charge comes a protective order that strips gun rights. Once the charge is dropped does that mean the protective order is no longer in effect? Lawyer says the protective order no longer exists since charge is dropped. This true?

OleCuss
04-23-2010, 6:59 PM
I think anyone in that situation needs to get the legal opinion of their competent attorney.

Nodaedul
04-23-2010, 7:06 PM
Like I said, attorney said the case no longer exists due to it being dropped by the DA so neither does the TRO. Attorney is not to talkative so asking for a second opinion here.

OleCuss
04-23-2010, 7:31 PM
Giving legal opinions on this forum is (so far as I know) rather discouraged. There are some attorneys who hang out around here but for very good reasons they are not going to give legal advice.

It is possible that someone will link you to the Lautenberg amendment and to any relevant Penal Code, but they're not likely to go much further.

One rather cheap alternative might be to go to the DA and ask him/her if his gun rights have been restored.

Librarian
04-23-2010, 7:45 PM
Just about every Google reference to CA domestic violence and TRO brings up an ad for a lawyer.

I think there might be a reason for that.

edwardm
04-23-2010, 9:57 PM
Something doesn't sound right about this. Get another attorney if this one isn't willing to earn his or her keep. This is not an area where you want to be 'asking around on the internet' for advice.

Like I said, attorney said the case no longer exists due to it being dropped by the DA so neither does the TRO. Attorney is not to talkative so asking for a second opinion here.

SVT-40
04-23-2010, 10:04 PM
Most TRO's have an "expiration" date. Look at your order. If the date is sometime in your future it might be worth the $$ to hire a lawyer with experience in DV law.

Until the order actually expires or is rescinded I would abide by the order.

Remember a restraining order is issued by a judge. violation of the order is contempt. A judge might frown on you violating the order even though the DA elected not to file charges.

Better safe than sorry.

Nodaedul
04-24-2010, 12:56 AM
Charges were filed but subsequently dropped. Is the related TRO dropped too? The TRO originally would expire a few months from now but the lawyer said it didn't matter any more since the case was dismissed.

RandyD
04-24-2010, 11:07 AM
With a domestic violence charge comes a protective order that strips gun rights. Once the charge is dropped does that mean the protective order is no longer in effect? Lawyer says the protective order no longer exists since charge is dropped. This true?

I am an attorney and your post needs more clarity. If you were subject to a Domestic Violence Restraining Order and the case was dismissed, then the restraining order is also dismissed. Your attorney should be answering this question for you but you can review the court's file to make that determination. You stated that you were charged which is not a term used in conjunction with restraining orders issued by civil courts. Usually that term applies to criminal actions.

REH
04-24-2010, 11:47 AM
Like I said, attorney said the case no longer exists due to it being dropped by the DA so neither does the TRO. Attorney is not to talkative so asking for a second opinion here.

Hope they are not paying this guy to much.

USMC_2651_E5
04-24-2010, 9:13 PM
I'm not sure about the RO just going away. I'd bet there is some follow through action required by the court or you'r attorney. The case dismissal may invalidate the RO, but you need to ensure that it has been taken out of the DV Restraining Order System (the database LEO's access when they run you) or you have document proof that it is no longer in effect.

FCinCA
04-25-2010, 8:00 AM
I am not an attorney but this happened to a buddy of mine. (No, really.)

There are two separate items here. The DV charge and the TRO. Just because the DV charge was dropped does NOT mean the TRO goes away too (it is in effect until it expires). Look at your TRO paperwork it will have a date that it will expire. If the person who filed it does not attempt to get a permanent RO on you then you are good. You will know that is happening because you will get served again and have to appear in court. You can get your weapons back from the agency you surrendered them to but unfortunately there is paperwork you need to fill out with the DOJ and pay fees. The agency that has your weapons will require this before you can get them.

paul0660
04-25-2010, 8:15 AM
Attorney is not to talkative so asking for a second opinion here.

Pay him by the word.

HokeySon
04-25-2010, 8:27 AM
attorney here: more facts needed if you want some legal advice you can rely upon. Based upon what you have posted, the answer depends upon whether to TRO was issued in the crim case or an order from a civil court (like the standard TRO issued under the Family Code). Generally, TROs expire upon the termination of the case. So, if issued in a crim case and that case is really over, a TRO would expire. Those are thus the two questions that need to be answered first. Was it issued in the crim case and is that case really over.