View Full Version : Restraining order Qs

11-17-2007, 9:28 AM
If my ex actually decides to file a restraining order how long would I lose my right to firearms?

Here are the facts
1.)I am a CA resident
2.)She is a Kansas resident and is going to school there now
3.)I was never abusive and never stalked her.
4.)I only called her after our relationship ended when she sent me texts asking me to call her.
5.) I told my ex a pretty big lie that got her and her recent ex in a verbal confrontation which resulted in her threatening me with a restraining order.

I don't have a criminal record, I don't even have a speeding ticket.

Also, if she did try to get one pulled against me, how could I fight it????

I have ceased all communication with her since her threat.

11-17-2007, 10:49 AM
You need an attorney NOW.

11-20-2007, 12:28 PM
You need an attorney NOW.


IANAL, but it sounds like she's a Kansas resident, and will have to file in KS. IIRC, an out of state RO won't be in force in CA.

Someone correct me if I'm wrong...

BTW, why would she threaten you with an RO over a fight she and some other guy had?

11-20-2007, 1:00 PM

I will speak on this one from personal experience.

First thing first, LISTEN TO BILL..... GET AN ATTORNEY. Don't try to be the bigger person or you will get F**cked.

This is how it works (in my case anyhow) if she applies for a TRO, no matter how insane her allegations are she will get it.

You will have a short period of time to relinquish you firearms to the police (don't do it, you will never see them again or alot of stuff will be missing when you get them back) or you turn them over to an FFL. When I had one on me I had 72 hours, I think it is down to 24 now.

Than you will need to get a lawyer, spend a few thousand bucks and fight the TRO in court

11-20-2007, 1:58 PM
Next time, file a TRO against her FIRST.... then if she start another one, you can always argue such is just a retaliation...

Anyways.... +1 for B's recommendation, contact a lawyer right the way....

11-20-2007, 2:42 PM
Get served with the Kansas TEMPORARY RESTRAINING ORDER/ORDER TO SHOW CAUSE or simple RESTRAINING ORDER (Invariably signed by a Judge) from Kansas by a California Registered Process Server (Or avoid service, postpone the inevitable and increase the cost of the lawsuit). Take your guns to your local FFL and pay him to store them for you. Get a reputable Family Law Attorney who is willing to deal with the Kansas civil code of procedure. If you can't find an attorney before the initial hearing, get a RESPONSE TO ORDER TO SHOW CAUSE form filled out and filed in the Kansas Jurisdiction she filed her stuff in before the hearing and SHOW UP. Sorry, but this gal caused you some major headaches.

Dont Tread on Me
11-20-2007, 7:03 PM
I'm going through a divorce and this is a real issue. My ex is using it as a bargaining chip.

Get a lawyer. You will spend $300 an hour but it is worth it.

The temporary restraining order is a giveme for her while you wait for a hearing. The real issue is when you go to court the hearing. My lawyer assures me that it takes evidence to get a restraining order set into stone. She needs 911 calls, medical evidence of abuse, witness statement.

You have a clean record (right?) and lots of people you can call to testify that you're a nice guy that would not hurt a fly?

Now look at it from her side. She has to swear under oath that you abused her then put up with a cross examination. I've been crossed examined as a witness as smart as you think you are, I think it is hard to maintain a lie.

No back to my divorce. It costs around a new Glock and hour:-)

11-21-2007, 9:11 PM
Get an RO against her first.

Dr. Peter Venkman
11-21-2007, 9:15 PM
When did all of this stuff start getting out of hand? It seems that the only evidence needed for a woman to get a TRO against a former spouse is entirely verbal. Is that the case? Seems like a The Crucible keeps getting played over, and over, and over again.

Dont Tread on Me
11-21-2007, 9:32 PM
Get an RO against her first.

In CA do you lose your guns if you file a RO???