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totenkopf
05-16-2012, 8:41 PM
hello everyone,
i have a friend who was just arrested for dv. i am trying to help him vigorously defend himself as the charge is complete bs. anybody have the number of a good lawyer in the sacramento/foothills/gold country area? any advice is appreciated. thanks.

dantodd
05-16-2012, 8:47 PM
In California there is no process (short of a pardon) that is accessible to recover your 2A rights after a DV conviction, misdo or felony. If he isn't guilty fight it all the way. Even copping to a crime that isn't labeled a DV violation will result in loss of 2A because the victim is in a domestic relationship with the convicted. (e.g. a simple assault conviction is still prohibiting if the victim is wife/gf)

I believe a bow and arrow are still ok but someone with more definitive info will chime in.

SilverTauron
05-16-2012, 10:20 PM
The prohibition for DV is a Federal statute.A conviction for DV is a permanent forefeiture of one's 2A rights under the Lautenberg Amendment.

This can cause serious problems in a legal environment where divorce lawyers occasionally encourage clients to file restraining orders/domestic violence charges to gain leverage in the divorce.

Those of us who own firearms must be quite careful in our choice of partners.Its an unfortunate reality of modern legal process,but piss off your SO bad enough and you can lose your gun rights permanently on their whim alone.

totenkopf
05-17-2012, 9:11 AM
thanks. any other advice?

littlejake
05-17-2012, 9:21 AM
The prohibition for DV is a Federal statute.A conviction for DV is a permanent forefeiture of one's 2A rights under the Lautenberg Amendment.

This can cause serious problems in a legal environment where divorce lawyers occasionally encourage clients to file restraining orders/domestic violence charges to gain leverage in the divorce.

Those of us who own firearms must be quite careful in our choice of partners.Its an unfortunate reality of modern legal process,but piss off your SO bad enough and you can lose your gun rights permanently on their whim alone.

I don't like wife beaters. That said, the Lautenberg Amendment is a bad law and needs to be tossed.

NoJoke
05-17-2012, 9:33 AM
I don't like wife beaters. That said, the Lautenberg Amendment is a bad law and needs to be tossed.

Agreed, but this somewhat parallels the Aspergers thread (opinion only here - post (http://www.calguns.net/calgunforum/showpost.php?p=8561224&postcount=213)) in that Aspergers is not in the latest psych reference book (whatever it's called) so those with the syndrome get lumped into autistic. In my mind, that's a HUGE jump with enormous implications.

Similarly, a simple misguided report of a non-violent incident IS NOT domestic violence. It might be domestic -but if there's no violence then it is untrue at its face value IMO.

J.D.Allen
05-17-2012, 11:02 AM
I don't like wife beaters. That said, the Lautenberg Amendment is a bad law and needs to be tossed.

After working in the criminal AND family law courts for the last eight years I can tell you that the vast majority of people accused of DV are not "wife beaters" in the traditional sense. The way DV laws are written is INSANE

dantodd
05-17-2012, 11:26 AM
Our domestic violence laws were rewritten and expanded because the old laws were poorly enforced and woefully underreported. If we tried to end bank robberies by expanding the laws like the DV laws in this country forgetting to sign a withdrawal slip would be a felony.

NoJoke
05-17-2012, 1:23 PM
After working in the criminal AND family law courts for the last eight years I can tell you that the vast majority of people accused of DV are not "wife beaters" in the traditional sense. The way DV laws are written is INSANE

And, in your opinion, is their second Amendment right being justly denied for the non-wife beaters?

donw
05-17-2012, 2:15 PM
After working in the criminal AND family law courts for the last eight years I can tell you that the vast majority of people accused of DV are not "wife beaters" in the traditional sense. The way DV laws are written is INSANE

i have a very close associate, a career LEO, who asked to be removed from a detail he was assigned to because he "Got tired of seeing women trying to get revenge by accusing some poor slob of DV/abuse"

"They shall call evil good, and good evil...": a very good description of many of today's ideologies...

wjc
05-17-2012, 2:52 PM
Get a lawyer and fight it vigorously!

I've also seen vindictive spouses put the finger on their spouse to get get revenge.

Terol
05-17-2012, 6:07 PM
I've been reading this thread and have to tell this story regarding a friend.

About 20 years ago he was convicted on a bogus DV charge. About 3 years after the conviction it was expunged. Since then he has bought various handguns. Fast forward to last November when his latest purchase was denied due to the DOJ background check.
He has checked with the court that expunged the conviction and was told there was no conviction on file, or for that matter anything with his name on file.
If anyone can offer any suggestions, I'll pass them on.

totenkopf
05-17-2012, 7:32 PM
Get a lawyer and fight it vigorously.
he is going to. there can be no plea deal.

RandyD
05-17-2012, 7:45 PM
After working in the criminal AND family law courts for the last eight years I can tell you that the vast majority of people accused of DV are not "wife beaters" in the traditional sense. The way DV laws are written is INSANE

I regularly write about restraining orders on this site. I have 19 years of experience as a family law attorney and you are correct, the DV statutes cover far more than battery or assault. Anything that someone can perceive to be a threat, can be written up to support the issuance of a temporary restaining order. Many of the supporting declarations are filled with perjury, and when exposed in court, the court does nothing about the perjury.

Wherryj
05-21-2012, 11:00 AM
Agreed, but this somewhat parallels the Aspergers thread (opinion only here - post (http://www.calguns.net/calgunforum/showpost.php?p=8561224&postcount=213)) in that Aspergers is not in the latest psych reference book (whatever it's called) so those with the syndrome get lumped into autistic. In my mind, that's a HUGE jump with enormous implications.

Similarly, a simple misguided report of a non-violent incident IS NOT domestic violence. It might be domestic -but if there's no violence then it is untrue at its face value IMO.

FYI, the latest psych manual would be the DSM V (Diagnostic Statistical Manual of Mental Disorders, version 5). And yes, it was eliminated.

http://voices.yahoo.com/dsm-v-aspergers-syndrome-eliminated-some-aspies-5463529.html