Restraining order help

[BigPimping]

Bro, I have been exactly where you are right now. My stuff got taken by PD and it took me a year to get it back. Just do something, and I truly hope this works out for you.

[stix213]

What happens if you do turn your guns over to your local law enforcement? Do they just hold on to it until you can legally have them again? Or do they keep them forever or until you sue to get them back?

In theory they hold onto them and will return them once you are no longer prohibited and you will likely have to file a LEGR, which takes additional time.

In practice there are so many examples of firearms in police custody being destroyed, gone missing, being damaged, having obviously been excessively used, having valuable accessories stolen, or the police simply giving people the run around, that you should take any other option you have other than turning them over to the police.

[SMarquez]

Last ---DO NOT wait to see how things are going. GET YOUR FIREARMS OUT OG THE HOUSE! She can do it at any time and the judges willallow it. Here all she has to do is say I am afraid of him and she will get one.
Not true in the last line. Like has been posted, there has to be specific language in a threat and she needs to justify it. I sat through a few hearings, actually 5 before the judge issued an order. I'm afraid isn't enough. If she says he has lots of guns and I'm afraid you might be screwed. GET AN ATTORNEY NOW! Stop talking to her. Have your lawyer contact her and tell her all contact goes through him/her. What I have seen on the last month made me a true believer in a good attorney.

[sl0re10]

I don't have first hand experience but I'd get them out of the house.

And follow proper transport protocol so you don't get popped for that.....

[elSquid]

Family Law attorney here. To obtain a DVTRO, your wife needs to complete several forms and a statement of facts supporting that you have done something that necessitates a court imposing a restraining order upon you. If a judge issues a TRO on you, the next step is to serve you. Upon being served a TRO, you must turn over all firearms and ammo to a law enforcement agency or sell them to a FFL. There are no other options.

Gov Brown signed AB 539 last week:

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB539

This bill would allow anyone who is prohibited from owning or possessing a firearm pursuant to the above provisions or any other provision of law to transfer any firearm or firearms in his or her possession, or of which he or she is the owner, to a licensed firearms dealer for the duration of the prohibition if the prohibition on owning or possessing the firearm will expire on a date specified in the court order. The bill would require a firearms dealer who stores a firearm under these circumstances to notify the Department of Justice of the date that the dealer has taken possession of the firearm, and would also require the Attorney General to maintain a record of this information. The bill would make conforming changes to the above provisions. Because the bill would impose certain requirements on local agencies relating to the transfer of firearms to a licensed firearms dealer, the bill would impose a state-mandated local program.

Does this apply to TROs?

-- Michael

[BrassCase]

What about going on the offensive and getting a TRO against her? Sounds like she has already threatened you.

[iluvmycolt]

Good luck with this issue of yours. Hopefully everything works out fine.

[18Dmedic]

The family attorney gave sound advice...everything else is speculative at best.

I'll add to his a couple things (personal experience)

Document everything. Like a diary. But real time...trust me, this will save your behind. For example:

0500 woke up, brushed teeth and went for a 10 mile run. Saw my CalGuns buddy John running in the park (make note of any people you saw that can corroborate where you were).

0630 hours, jumped in shower and got ready for work.
0730...went to studfawks and ordered a whatever (keep receipt).
0800...arrived at work

So on and so forth.

If she makes any accusations later during the hearing, you can present your notes from your record book and the judge has something tangible to look at. You'll be more credible. Also, you can ask witnesses to come in for the hearing.

Another point is that as far as can she do it? Yes. But it will cost her court fees for filing the papers and serving you. If I recall correctly, it is around $300 total for everything.

You can also present character witnesses. Make them count. Not your uncle Brian or mom Sally. Make it a friend of a friend and bring a good friend who knows you. This prevents her from rebutting your witness based on bias. Your honor...it's his mother, what did you expect her to say? He beats his wife? I think not. You see? So this way it is an acquaintance and a good friend. One barely knows you and the other knows you very well. They complement each other.

Again, I can not stress enough the importance of documentation. Make a point to buy something small EVERYWHERE you go.

Also, the courts give you a small time period to remove, sell, turn into law enforcement agency or otherwise dispose of the firearms.

Make sure you're dressed appropriately for the hearing (if it comes to it). And be sure to use professional language at your level...not trying to impress the judge with your th3 deadly courtroom legalese. You'll end up sounding like fiendstein or steinbug/stinkbug (haven't decided).

Anyway, I doubt she'll follow through but make sure you note the day, date, time, and place she made the threat before she did it and if there were any witnesses. Get these facts entered into something with a time stamp. Like send yourself the info in an email to yourself. This way there's a time stamp on it. You can use it at the hearing (if it comes to this) to prove she threatened it to get your firearms taken away...because she knows how much they mean to you.

Well, I think you're good to go on your info. So get a pad and pen and start documenting. Good luck!

As for my case:
The judge took one look at me in my uniform and all the documentation and witnesses I had and threw the case out immediately. I was in and out of the hearing in 30 minutes. But it was a loss of a day's pay and time and parking and whatever other little nickel and dime fees they had on location.

[wattspd]

Never underestimate a pissed off woman. Her only goal in life at this moment is to completely ruin yours at all cost. Stop all communication, face to face meets, etc. Assume at this point that everything she does is a setup to get YOU into trouble. She has already threatened you with getting a restraining order... Assume that no line won't be crossed by her. Speaking from experience.

[The Gleam]

Another point is that as far as can she do it? Yes. But it will cost her court fees for filing the papers and serving you. If I recall correctly, it is around $300 total for everything.

Nope. Won't cost her a dime if she files it as a DV-TRO. All free. It will take some time to fill out the paperwork (see link below to a PDF of the DV-100 form), but because they provide this as an outlet for battered women should they have no other recourse, especially women of controlling husbands that may also control the cash flow - it's free. Which unfortunately also may entice unscrupulous liars to file for it, because it's no cost to them.

Just so you know what you might be up against - note part 9 of the DV-100:

http://www.courts.ca.gov/documents/dv100.pdf (DV-100 TRO Request form.)

http://www.alpine.courts.ca.gov/Port...tion/dv110.pdf (DV-110 The TRO notice form).

http://www.courts.ca.gov/documents/dv800.pdf - Proof of Firearms Turned-In or Sold form (Must be done within 24 hours of being served TRO & DV-800 provided within 48 hours).

http://www.courts.ca.gov/1264.htm (Info on DV Restraining Orders)

http://www.courts.ca.gov/1044.htm (Info on Civil Harrassment Restraining Orders)

http://www.courts.ca.gov/1283.htm (Info on Workplace Violence Restraining Orders)

[hambam105]

Listen to RandyD.
Listen to RandyD.
Listen to RandyD.

If you have any further questions just refer to listening to RandyD.

Good Luck.

[JDay]

In theory they hold onto them and will return them once you are no longer prohibited and you will likely have to file a LEGR, which takes additional time.

In practice there are so many examples of firearms in police custody being destroyed, gone missing, being damaged, having obviously been excessively used, having valuable accessories stolen, or the police simply giving people the run around, that you should take any other option you have other than turning them over to the police.

They'll take your ammo too and the police never return it.

[RedFord150]

Family Law attorney here. ...Once you are served a TRO, I highly recommend retaining an experienced attorney. Do not go with some attorney working for free, you will get what you paid and will regret it. Retaining an attorney now, may give the attorney a chance to contact her and get her into a discussion where her statement could be used against her. ....

^^^^ Possibly the best advice I have ever read on CG.
Free help is almost always over-priced.

[SWalt]

OP....only advice I can give you is....DO NOT FIGHT OVER ANYTHING PETTY! That piece of c**p thing you think is important, ain't.

[Rockit]

Get her on tape saying it

And the point of that is???
Nothing illegal with telling someone you're getting a tro.

OP...don't EVER have a "heated" argument w/the x now....too easy for her to make it all bad for you. Lawyer up ASAP. Yes it's $$$ but the alternative is worse.

I've been on both sides of this. Even if she pulls the tro route out of spite, it's a temporary thing. Family court judges are pretty good at reading through the BS.