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View Full Version : Warning: Restraining orders could be used to disarm you!!!!!!


tombinghamthegreat
09-04-2007, 9:49 PM
A while ago a neighbor tried to file a restraining order on every member of my family when we used a firearm in self defense. Long story short, the house used to run drugs and whores though the place. When we told the cops what was going on, they arrest the renters involved but the owner Sam Cassady got off charges due to a error in the arrest. The newspapers reported that my family helped which turn our house into a bulls eye. For a long time they used government agencies to drive my family out but when that failed, they resorted to violence, and sent a Michael Messner to break into my house. We used a revolver and the would-be attacker fled the scene. We got an attorney and begin to press charges. A few days later, my family had to go to court. We won our case (judge laughed and threw the case out..claims had no merit) but we lost 5 grand. Later i reviewed the restraining order and they demand for us to be disarmed (falure to surrender firearms to deal or police is a felony) but since we won we did not have to disarm.

So if you use a firearm in defense, get an attorney right away since people in CA loves to sue each other and treat gun owners like criminals.

ldivinag
09-04-2007, 11:07 PM
even a TRO is almost, if not automatic, will disarm the recepient.

tombinghamthegreat
09-04-2007, 11:45 PM
It is. I am glad my family won the case, my stupid neighbors thought they would easly get the TRO. When they lost the TRO, their lawyer started yelling at the judge and made an idoit out of himself:). The judge i guess said some harsh words, put them in their place. Our lawyer told us that the judge always grants TRO to anyone to be safe, so he was suprised we won but their claims were so full of lies and they used our case number that said we were the victim of a crime, trying to say it was theirs... funny though but it seems the problems between us are still going on.

crunchy2k
09-05-2007, 12:27 AM
It is. I am glad my family won the case, my stupid neighbors thought they would easly get the TRO. When they lost the TRO, their lawyer started yelling at the judge and made an idoit out of himself:). The judge i guess said some harsh words, put them in their place. Our lawyer told us that the judge always grants TRO to anyone to be safe, so he was suprised we won but their claims were so full of lies and they used our case number that said we were the victim of a crime, trying to say it was theirs... funny though but it seems the problems between us are still going on.

Invite them out for dinner....have a friend film it...life is too short. And life is full of I gotcha!!! I invite friends home for dinner and enemies out for dinner. In this world, if I have a problem with a neighbor, I ask for pressure by other neighbors. It works. But only if u'r not amongst the 2 year and sell type house owners.... Then u just wait until they leave the neighborhood. They have a way of disappering. This is a typical middleclass response. The poor class living on subsidized house won't fight to keep their community clean as it is their own kids doing the felonies...
In San Jose, the cops will try to direct u to talk to u'r neighbors. Its a sound concept as I found a black man had the money to buy a house accross from me. His son was from the getto and talked faster than a snake oil salesman. My neighbor said she was scared of the black boy and his friends smoking dope and drinking on my porch to their face. I caught the blackboy next day trying it again and had a talk with him...and he said he was more scared of his mother. Without his friends....that left me and his mother. Who do u think won? Wrong....it was the fear of me talking to his mother. as I weon't go away. I'll be walking my real socialized dog next to his maybe father. We will walk the sidewalks and have some chats.with my real socialzed non biting dog.


Rant and make no scene over.

tombinghamthegreat
09-05-2007, 1:01 AM
I wish it was that simple and we have talked to the renters and owners. They a few conversations over the phone after the court case, they wanted us to do what they said and if we refused, they would have government agencies harass us (building voilations) the owner wanted "guarantees" and he would make the problem go away... my family and I don't negotiate with criminals. This is now personal after they tried to prevent me from owning a gun. I have lived in my nieghborhood for a long time and i won't be pushed around. I have seen others, like you pointed out, move when things go bad.

sunborder
09-05-2007, 11:15 AM
Have you thought about a counter temporary restraining order? That might make them have to move. Depends on the details, the lawyers, and the judge, but you may have a case.