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  • ahren111
    Senior Member
    • Dec 2010
    • 596

    Restraining order help

    My wonderful soon to be x was packing her stuff tonight. In a heated argument she mentioned filing a restraining order against me. I have never done anything even remotely close to warrant it! Does she have to have some some sort of proof or something for it or can she just get one and screw me because she is a bi-ch. If she were to file for one what course of action do I have for keeping my guns, can I fight it?
  • #2
    ExtremeX
    Calguns Addict
    • Sep 2010
    • 7160

    Consult with an attorney… sooner than later, and suspend any direct communication with her.
    ExtremeX

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    • #3
      CSACANNONEER
      CGN/CGSSA Contributor - Lifetime
      CGN Contributor - Lifetime
      • Dec 2006
      • 44093

      Hell, send me your name and I can probably get a TRO against you tomorrow. Then, you'll have to get rid of your firearms asap even before you appear before a judge and I tell him that you're the wrong guy. It really sucks that a TRO is that easy to get.
      NRA Certified Pistol, Rifle, Shotgun and Metallic Cartridge Reloading Instructor
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      • #4
        John M
        Member
        • May 2011
        • 307

        Your wife has to fill out a page that justifies why she needs a TRO. A judge will read it and decide. There is nothing an attorney can do for you, until you are served and have to appear in court. Until then, she can go any day and fill out the paperwork, pay her fee and file it.

        Comment

        • #5
          ahren111
          Senior Member
          • Dec 2010
          • 596

          Wow that sucks! Everything was going pretty smooth until tonight. I was hoping we weren't going to have to get attorneys involved. Guess I was wrong. Can I store all my firearms at a friends or do they need to be technically sold and transferred to a friend?

          Comment

          • #6
            Timberwolf
            Calguns Addict
            • Oct 2004
            • 6275

            Originally posted by ahren111
            My wonderful soon to be x was packing her stuff tonight. In a heated argument she mentioned filing a restraining order against me. I have never done anything even remotely close to warrant it! Does she have to have some some sort of proof or something for it or can she just get one and screw me because she is a bi-ch. If she were to file for one what course of action do I have for keeping my guns, can I fight it?
            Advice - don't post stuff like this in open forum. Remember the old adage things you say can be used against you . . . There are two words in this quote which if interpreted by the wrong judge could get her at least a TRO.
            I'm only smiling at you while you talk to me because it's hilarious that you really think I give a crap about you.

            As I've gotten older I thought I was gaining patience, then I realized I simply don't give a crap.

            Comment

            • #7
              sirgrumps
              Senior Member
              • Apr 2009
              • 2494

              My Ex got a TRO. I had to transfer all my stuff to a friend, hire an attorney, challenge the TRO, won, and transferred all my stuff back.

              BTW, I had to pay all the costs and couldn't get a dime back.

              The TRO was dismissed without merit, since she had no proof because I didn't do anything..

              It's bargaining leverage. Since you're male, you lose and pay and never get reimbursed.
              ?The constitutional right to bear arms in public for self-defense is not a ?second-class right,? subject to an entirely different body of rules than the other Bill of Rights guarantees.? ?.. "We know of no other constitutional rights that an individual may exercise only after demonstrating to government officers some special need."
              - Justice Clarence Thomas

              Comment

              • #8
                battleship
                Veteran Member
                • Jan 2008
                • 4958

                I hate to say it but kiss her behind, make up and give her what ever crap she wants if you value your guns/gun rights and wish to keep them. She can get a judge to sign off on a TRO with nothing but her word that you are threatening her. If she tells the judge you have guns, that judge is going to grant her the TRO, no ifs or buts about it.

                Comment

                • #9
                  Casual_Shooter
                  Ban Hammer Avoidance Team
                  CGN Contributor - Lifetime
                  • Sep 2006
                  • 11733

                  While I'm sure it's been done, the language on the TRO's I've seen does not allow for firearms to be transferred to a "friend". They have to be surrendered to the police or sold to a dealer.

                  Of course, there is nothing stopping you from transferring them before you are given notice of the TRO.

                  (crap... just realized this is in the LEO section. *disclaimer- I'm not an LEO)
                  Guns, dogs and home alarms. Opponents are all of a sudden advocates once their personal space is violated.

                  "Those who cannot remember the posts are condemned to repeat them"



                  Why is it all the funny stuff happens to comedians?

                  Comment

                  • #10
                    Tacobandit
                    Banned
                    • Sep 2009
                    • 914

                    Get her on tape saying it

                    Comment

                    • #11
                      IA300
                      Member
                      • Jan 2013
                      • 255

                      Originally posted by Tacobandit
                      Get her on tape saying it
                      But be aware of wiretap laws, recording a conversation without the other party's knowledge/consent can get you in trouble...

                      Comment

                      • #12
                        Librarian
                        Admin and Poltergeist
                        CGN Contributor - Lifetime
                        • Oct 2005
                        • 44648

                        Not a LEO question.

                        See the wiki article -- http://wiki.calgunsfoundation.org/Pr...raining_orders

                        Summary - you need a lawyer. Take time off from work and get one today.
                        ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

                        Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!

                        Comment

                        • #13
                          gogohopper
                          Veteran Member
                          • Mar 2013
                          • 4733

                          Originally posted by sirgrumps
                          My Ex got a TRO. I had to transfer all my stuff to a friend, hire an attorney, challenge the TRO, won, and transferred all my stuff back.

                          BTW, I had to pay all the costs and couldn't get a dime back.

                          The TRO was dismissed without merit, since she had no proof because I didn't do anything..

                          It's bargaining leverage. Since you're male, you lose and pay and never get reimbursed.
                          100% THIS ^^^^^^^^^^
                          Originally posted by Webologist
                          I am in a sympathy-free zone as well. A leftist brown shirt reaping what he sowed after profiting from it is sweet justice indeed.

                          Comment

                          • #14
                            tonyxcom
                            Calguns Addict
                            • Aug 2011
                            • 6397

                            Long gun registration doesn't take effect until Jan 1 2014.

                            Comment

                            • #15
                              RedFord150
                              Calguns Addict
                              • Oct 2009
                              • 5665

                              Originally posted by ahren111
                              ...I was hoping we weren't going to have to get attorneys involved. ...
                              Sadly, this never seems too be the case.
                              Claims of abuse and terrorism always seem to show up during splits. The male in the relationship is usually guilty until proven innocent. In the court of public opinion, some guys never get cleared.
                              Every angry woman seems to think a TRO is to her advantage. Mybe the attorneys tell them to do this, not sure.
                              Get your own attorney right now and let him know exactly what has transpired. Hopefully, he can stop the damage before it happens.
                              I am sorry you are in this situation and I wish you the best of luck.
                              God Did Not Create All Men Equal, Colonel Colt Did.

                              Comment

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