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esnyderr
03-27-2011, 9:23 PM
Not sure if this is the right section, please move if it isnt.

My dad is in the process of divorcing his second wife. They have been seperated for five years and she has lived in an adjoining apartment connected to our house for four years. I have had no contact with her during this entire time. Well today when my dad went to lay the news on her and let her know whats gonna be happening. She basically flipped out and starting threatening him with all sorts of BS. Then she threatened to get a restraining order against me! WTF!?! :eek:

My dad and I both know she is nuts and that in reality she has no grounds to get a restrainging order against me. Is there anything I should worry about or anything I can do to make sure she cannot get one against me? I really dont want to lose my gun rights over some crazed loon and go through the nightmare of getting them back. Any help is appreciated.

MP301
03-27-2011, 10:11 PM
Be careful. It depends on the judge and how good a line of BS she or a lawyer gives to the court. I would avoid even having so much as a conversation with her and when you do have to have contact, make sure you have a recorder going at all times.

It may sound a bit excessive, but you just never know...

esnyderr
03-27-2011, 10:20 PM
I don't think its excessive at all. I want to avoid this whole situation and Im pissed I got dragged into my dads mess. Like I said I have had no contact with her at all for nearly four years and I plan on keeping it that way. So she could basically make up some BS and a judge would grant her a restraining order even though I have had no contact with her and am an upstanding citizen with no criminal record ?

scarville
03-27-2011, 10:22 PM
http://wiki.calgunsfoundation.org/index.php/Firearms_rights_prohibitions

You might want to talk to a lawyer.

Los
03-27-2011, 10:27 PM
You have to be served papers to go to court about it. The judge just doesnt hand them out like candy and she would have to be saying you made threats against her life. etc. etc. yeah like the above guy said, talk to a lawyer. Good luck

esnyderr
03-27-2011, 10:31 PM
Thanks for the response guys. Im gonna give my dad an ear full.

Fjold
03-28-2011, 7:13 AM
If she acts nuts go to court and get a TRO against her first.

Abominog
03-28-2011, 7:57 AM
Contrary to what was stated, clearly SOME judges do hand out TROs like candy. They would rather err on the "safe" side.

And it takes almost nothing for a female to get one. A bit of embellishment here, a little white lie there, and bingo, they get it.

Then you can ask for a hearing, which might take months (like, EIGHT months since said female can suddenly cancel causing a re-schedule) and then before you get your hearing, and thus get a chance to hopefully prove that she filed a false instrument (which is illegal) all she has to do is drop the TRO.

Meanwhile, you surrender your firearms, are subject to abuse by said female with little discourse, and spend hundreds on legal fees and court appearances. Then, it all magically goes away and you've got nothing to say.

As said before, but I'll repeat it:
1. Do NOT talk to her. PERIOD. About NOTHING. Do NOT TALK.
2. Do NOT go within 100 ft of her. PERIOD. No excuses, no reasons.
3. Should she physically contact you, get away. Do not defend, do not lift your hands. Do NOTHING but get away.
4. Carry either a video capable camera and/or a voice recorder should she attempt to cause a scene which she can claim you started.

WolfmanJak
03-28-2011, 8:32 AM
Contact a lawyer ASAP. Get in touch with LE and see what they can do (file report if they can). The fact she hasn't filed any police reports is damaging to her case. I would advise getting a CCTV security system with a DVR. Anytime she comes around your home record it.

My girlfriend and I tried to get a restraining order on a girl who was harrassing us and making death threats against us.

The courts said she has to make an attempt on our lives (we had proof of the death threats and various police reports) before they would even consider a restraining order.

Also I would get signed statements from neighbors stating your upstanding character and the fact she is bat-**** crazy.

paul0660
03-28-2011, 8:47 AM
The judge just doesnt hand them out like candy

TROs are handed out like candy, and don't demand any response from the accused OR service of notice for the TRO. Once accused, you are subject to 527.9 and have to give up your guns. You have to be given notice of the court hearing for a permanent protective order. It really sucks.

RandyD
03-28-2011, 9:36 AM
Then you can ask for a hearing, which might take months (like, EIGHT months since said female can suddenly cancel causing a re-schedule) and then before you get your hearing, and thus get a chance to hopefully prove that she filed a false instrument (which is illegal) all she has to do is drop the TRO.

I represent people in restraining orders and by statute a hearing is set within 15 days. These actions do not take months.

To the OP, If you need assistance, send me a PM with your phone number and I'll give you some direction.

frankm
03-28-2011, 1:46 PM
Excellent!

And if you do get a restraining order, give your guns to an immediate family member the day before you get it. Just in case. Then you don't have to sell anything, and can get them back later.

45DAVID1
03-28-2011, 2:11 PM
Get a restraining order on her before she comes after you. I'm pretty sure your father has witnessed her threatening to kill you, right? I'd be sure to "restrain" her before she does it to you. It's always best to be the first to do something legally like in divorces.

paul0660
03-28-2011, 2:22 PM
Excellent!

And if you do get a restraining order, give your guns to an immediate family member the day before you get it. Just in case. Then you don't have to sell anything, and can get them back later.

"Give" is not the right term. They would have to be transferred, (in the case of 50 year old long guns) without paperwork, intrafamilialy to up/down family members with HSC in the case of handguns, sold to anyone via a dealer, stored by a dealer in jurisdictions that allow that, stored by the cops, or LOANED to someone. I would go with the loaning thing and hope it can be worked out in the 30 day maximum term of the loan.

mag360
03-28-2011, 3:05 PM
if you had a trust or corp that owns your weapons are you still subject to surrender?