Restraining Order and no guns

[AGGRESSOR]

I'm being verbally harassed by my neighbor who I won a judgment against earlier this year. Today I had to call the Sheriff's Dept. to talk to my neighbor because of this verbal harassment. The Deputy experienced first hand the yelling I endured these past few months. He mentioned if this continues, I may have to file a restraining order against her.

My question is, has anybody seen CA Court Form CH-120, which is the form for restraining orders. In section 7, it says, "No guns or other firearms".

Now this is the "What if part":

"What if my neighbor files a restraining order against me. Can any of you experienced Calgunners let me know if a lawyer can somehow fight this portion of the restraining order(Section 7 of Form CH-120)."

[repubconserv]

click here
or here

good luck

[steamboat]

I went through a similar situation a few years back, and from my experience:

1... If your neighbor has a bit of legal sense or if she gets legal advice, you most likely will get hit with a Temp RO from her.

2... Unfortunately, you will be required to sell/transfer (or turn in to the police) your firearms as per the TRO.

You or your lawyer can argue about the gun provision all day long, but the bottom line is if you get the wrong judge, they wont even care to hear it. They might decide to enforce a permanent RO against both of you, and just might savor getting some more guns off the street... should you pipe up about 2a rights, or 'Im a sportsman/collector' etc. Hell, if the judge is an anti, just bringing up that you have guns might be incriminating.

What seems ridiculously clear cut to you, might not to the court... my best advice is do whatever you can to defuse the situation before you go legal.

[RandyD]

Anyone who believes they are being harassed, has a right to file a Civil Harassment Restraining Order. In your case, if your application for a restraining order is written properly and supported by the proper evidence, your filing first may persuade the judge to not issue a restraining order against you if the other party responds by filing a Cross-Civil Harassment Restraining Order against you. I routinely see restraining order applications where the judge denies the filing party the temporary restraining order but still schedules a hearing for both sides to present their evidence.

If a judge issues a restraining order against you, your obligations are specifically stated on the form. I have attached pdf files of pages 2 & 4 of the restraining order for everyone to review. The language on those pages are clear, specific and unambigious regarding your rights pertaining to firearms. I do not agree with this law but that is another point. If you fail to comply with the stated orders, you have significantly jeopardized your chances of prevailing at a contested hearing. I would rate your chance of prevailing at a contested restraining order hearing less than 1% if you violate the stated orders. If you violate such an order, you have basically proven to the judge that the other person's perception of you is correct and that you should be restrained.

I represent clients at least 1 to 2 times per month in contested court hearing pertaining to restraining orders.

[dieselpower]

ROs... the new hip thing to do. If someone finds out you are a gun owner, that in itself is enough for them to ask for an RO... its a sad world (State) we live in.

[RandyD]

This is the exact language on pages 2 and 4 of the restraining order.

Language on page 2

The court has made the temporary orders indicated below against you. You must obey all these orders.

No Guns or Other Firearms

You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get a gun or firearm.

Turn In or Sell Guns or Firearms

You must:

Sell to a licensed gun dealer or turn in to police any guns or firearms that you possess or control. This must be done within 24 hours of being served this order.

File a receipt with the court within 48 hours of receiving this order that proves guns have been turned or sold.

Language on page 4

Warnings and Notices to the Restrained Person

You cannot have guns or firearms

You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to a licensed gun dealer or turn in to police any guns or firearms that you have or control in accordance with item above. The court will require you to prove that you did so. If you do not obey this Order, you can be charged with a crime.

This Order is effective when made. It is enforceable anywhere in all 50 states, the District of Columbia, all tribal lands, and all U.S. territories and shall be enforced as if it were an order of that jurisdiction by any law enforcement agency that has received the Order, is shown a copy of the Order, or has verified its existence on the California Law Enforcement Telecommunications System (CLETS). If the law enforcement agency has not received proof of service on the restrained person, and the restrained person was not present at the court hearing, the agency shall advise the restrained person of the terms of the Order and then shall enforce it. Violations of this Order are subject to criminal penalties.

[dieselpower]

This is the exact language on pages 2 and 4 of the restraining order.

Language on page 2

The court has made the temporary orders indicated below against you. You must obey all these orders.

No Guns or Other Firearms

You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get a gun or firearm.

Turn In or Sell Guns or Firearms

You must:

Sell to a licensed gun dealer or turn in to police any guns or firearms that you possess or control. This must be done within 24 hours of being served this order.

File a receipt with the court within 48 hours of receiving this order that proves guns have been turned or sold.

Language on page 4

Warnings and Notices to the Restrained Person

You cannot have guns or firearms

You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to a licensed gun dealer or turn in to police any guns or firearms that you have or control in accordance with item above. The court will require you to prove that you did so. If you do not obey this Order, you can be charged with a crime.

This Order is effective when made. It is enforceable anywhere in all 50 states, the District of Columbia, all tribal lands, and all U.S. territories and shall be enforced as if it were an order of that jurisdiction by any law enforcement agency that has received the Order, is shown a copy of the Order, or has verified its existence on the California Law Enforcement Telecommunications System (CLETS). If the law enforcement agency has not received proof of service on the restrained person, and the restrained person was not present at the court hearing, the agency shall advise the restrained person of the terms of the Order and then shall enforce it. Violations of this Order are subject to criminal penalties.

I bet if you trace the wording and intent of the law you will find LEA were to house and hold the firearms for you... NOT keep and/or destroy.

You should be able to take all your firearms to an LEA and have them hold on to them until the situation is resolved. If the RO is lifted, the LEA gives your guns back.

From what I hear, [which I hope is wrong], no LEA in California will simply hold on to the guns for you. They will destroy them in 90 days, even if you need more time to resolve the case.

[Oceanbob]

I'd rather wear ear plugs and keep my gun collection. Dealing with NutBalls never works out.

[RandyD]

The orders that a party must turn in or sell their firearms prior to having an uncontested hearing is a violation of due process. This is a prime area for litigation. The problem of finding a party to file such an action is; 1) they have to prevail at a the contested hearing, 2) they need to have the desire to go forward into a lengthy and costly legal process. I believe this will need to be resolved at the U.S. Supreme Court level. I would not count on the 9th Circuit, overturning this process.

[AGGRESSOR]

I want to thank everybody who answered here.

I know this has probably been written before on this forum, "Would I be able to transfer my guns, handguns and rifles, to my friend who is a LEO"?

If i'm correct, I believe an LEO can transfer more than one handgun a month.

[RandyD]

I want to thank everybody who answered here.

I know this has probably been written before on this forum, "Would I be able to transfer my guns, handguns and rifles, to my friend who is a LEO"?

If i'm correct, I believe an LEO can transfer more than one handgun a month.

I would follow the written order as specifically as possible. Again, the relavant part states; "You must: Sell to a licensed gun dealer or turn in to police..." There are two options and neither of then include selling to a friend who is a LEO.

[Casual_Shooter]

Besides the filing party, who confirms the firearms have been surrendered/ sold?

[fabguy]

Besides the filing party, who confirms the firearms have been surrendered/ sold?

My brother had to take the receipt( copy of DROS) to the court when he gave me his gun, they were fine with him not owning anymore

[fabguy]

Cant you just put them into your wifes name now in case something does happen?

[2shotjoe]

I'll take your guns, you pay the transfer fee and I'll sell them back to you when you're clear.