View Full Version : I Got Hit With a Temp Restraining Order & Took My Guns

01-08-2013, 3:54 PM
The police came last Thursday to serve me with a Temp Restraining Order and took my firearms.

01-08-2013, 3:56 PM
What dept? AFAIK, you normally have 24hrs to sell or transfer them. I'm wondering why you let them take your firearms right away? Did they give you an itemized receipt?

01-08-2013, 3:57 PM
contact an attorney immeidately

01-08-2013, 3:58 PM
What dept? AFAIK, you normally have 24hrs to sell or transfer them. I'm wondering why you let them take your firearms right away? Did they give you an itemized receipt?

Sell? No.

01-08-2013, 3:58 PM
I would shut up on here about anymore of this and go talk to a lawyer. You never know what you say may hurt your cause.

01-08-2013, 3:58 PM
contact an attorney immeidately

Agreed! I have a friend going through the same thing right now. I now own 4 firearms that I don't need.:D

01-08-2013, 4:00 PM
CSACANNONEER- True on that 24 hour timeframe to get rid of your guns. Something here smells fishy...

01-08-2013, 4:03 PM
Sorry but you can not prove a negative. Get a lawyer

01-08-2013, 4:04 PM
I contacted a lawyer and they said the case should get dismissed since I have proof I never did anything to them. Plus I doubt the person will even show up for the hearing. But my question is, will I get them back?

You might, eventually. It depends on if they feel like giving them back. They may insist you need an order from a court to get them back. And maybe a court will feel like issuing such an order. But then, if they ignore it, you get to pay an attorney and fight them for months, and the end result is another curt order.

Sorry to say, but you need an attorney, pronto.

01-08-2013, 4:06 PM
there has to be some kind of probable cause generally because my neighbor hates me and complained i owned guns. Deputies have been out and asked me if i ever threatened him and i said only with lawsuits if he did not leave me alone and they asked if i owned firearms. i tolds them they could get a list from DOJ and no they could not see them without a court order. ADMIT NOTHING and ask to see a court order. get a lawyer and sue your neighbor for costs, angiush, pain and suffering, loss of wages and anything else your lawyer can come up with. Make this guy pay for the next several dozen guns you buy. if the man or woman perjured themselves then file criminal/civil chrages on them if your lawyer agrees. at some point if the judge acted improperly you can file a complaint against the judge as well. you will have to do that action on your own.

01-08-2013, 4:09 PM
Attorney here. If you check my prior posts, I write a lot about restraining orders. You need an attorney. Do not be naive and go into the court hearing without an experienced attorney. If you win, great, but if you loose, you do not get do overs in court and you would need to appeal the court's decision which is expensive and has a low probability of prevailing. The last point that I want to make is, the judge already believed there was sufficient evidence to impose a restraining order upon you and you are in an up-hill battle when your hearing starts.

01-08-2013, 4:09 PM
My lawyer said to wait for the hearing and ask for an extension if the person shows up to the hearing. If they don't, then case will get dismissed. He said only hire him if I get the extension.

I suggest getting a better lawyer.

01-08-2013, 4:13 PM
I have seen a DV order that required immediate surrender, but only once. It isn't too hard to get a TRO on anyone. Pay the court fee you have an order good until a hearing, get someone to serve it boom done. What strikes me odd about this is that a police department served a civil order, most departments around here will not do that, a DV order is a different matter though.

01-08-2013, 4:13 PM

01-08-2013, 4:17 PM
When they showed up, I told them no way! they said they would get a "Warrant from a Judge and stand here until it gets approved". They gave me a Full Receipt with everything written they took.

I'd have had them get the warrant.

01-08-2013, 4:18 PM
i went threw this last year didnt get a lawyer 2k is a lot of. cash

01-08-2013, 4:19 PM
Pay close attention to what RandyD said. I'd be simultaneously requesting the extension and getting the lawyer. If you get the lawyer before your extension goes through then they can review it to make sure it makes sense.

And I really wonder whether the attorney who said you didn't need an attorney is the right one for you to hire? Unless you were effectively telling him that you were trying to get by on the cheap and he tailored his friendly suggestions to what you wanted.

01-08-2013, 4:20 PM
I'm betting it is an emergency protective order, and just to echo what others have said get an attorney NOW. Don't bet on the other party not showing up, and hoping to get an extension from the court.

01-08-2013, 4:21 PM
We had a neighbor who was 5150, she lived two houses down, between us was a CHP SGT and his wife a CHP dispatcher, the crazy lady called and complaind and said she was in fear of her life of the CHP officer, she got a TRO, I put all the officers guns in my safe with the exception of his duty weapon, which he had to keep at work.

She also complained that I was threatning her, even in the officers reports which I got, the investigating officer said she would work her self into a self induced frienzy as she spoke about me, even though she admitted she had not contact with me for over 6 months, the cops knew something was wrong because when they came to her door, she refused to talk until she walked them out in the back yard, to the furthest possible point in the corner of her yard away from my house, before she would talk to them, she was afraid I might hear her, but still she got a TRO against the CHP officer.
of course judge would not by it, RO was dropped. officer got his guns back.

Lady later moved and we heard through mutual friends she now lives in a facillity for the mentaly ill.

I would get an attorney, have you seen any Police reports against you?

When it happend to my neighbor, he was allowed to remove the firearms from his premisis, no one came to take them, man I'm not sure I would have let the PoPo take mine without a warrant or court order or what ever is required? seems like you should have been able to move them to a place of your choosing.

01-08-2013, 4:22 PM
Sucks dude. Lawyer up. You will regret it the rest of your life if things don't go well in court.

01-08-2013, 4:22 PM
All I got to say guys, is never tell anyone online to "STFU", that is all it took to get this approved and issued against me. Police at my house taking my guns. this sux

That's insane. Sorry to hear bro....

01-08-2013, 4:27 PM
Bryan. Please take the advice that has been provided.

1. Quit making statements of fact and admitting guilt here in this forum. (delete all the information about this case from this thread and SHUT UP).
2. Get a better Attorney. NOW. It is a weekday, you have another 30 minutes of office hours, get busy.
3. Go back to step 1 and 2. Are both of these done yet? If not get back to work, this is not a trivial matter regardless of any 'evidence' you think you may have.

01-08-2013, 4:31 PM
Because of the current events, the judge will probably be taking the complainants side and your firearms will be in jail for 3 years or more. Trust me I had this happened to me and getting a lawyer might not be enough to overturn the complaint.

Just my opinion.

01-08-2013, 4:37 PM

What has happened so far is unfortunate. However, you are going to make a decision that will make things far far worse for yourself. Also, police don't offer legal advice - so know that the officers words were probably well intentioned they hold no value at all.

A good lawyer is an expense that will pay for itself many times over and you will not regret.

Have you called the CGF hotline? http://www.calguns.net/calgunforum/showthread.php?t=245866

01-08-2013, 4:40 PM
1) Ask mods to delete thread
2) STFU! (please don't get TRO on me now)

01-08-2013, 4:51 PM
Sucks but lawyers know the law...

Pay now or do time.

01-08-2013, 4:52 PM
RandyD has it.

Nothing else useful to say.