Restraining order help

[BumBum]

Gov Brown signed AB 539 last week:

Does this apply to TROs?

-- Michael

Yes, but it does not take effect until 1/1/14. I am a family law attorney as well, and was glad to see that bill passed. There was nothing like telling a client that he would have to sell his 10 handguns to an FFL (because who in their right mind is going to give them to the police department?), and then when the TRO is lifted, he would only be able to DROS one handgun back to himself every 30 days.

As for the advice/information passed on by RandyD and Gleam, I couldn't have said it better myself. Stay extremely calm, move out right away, and avoid conflict. Communicate in writing and assume the judge is reading all of your e-mails (because he or she likely will).

[RandyD]

Yes, but it does not take effect until 1/1/14. I am a family law attorney as well, and was glad to see that bill passed. There was nothing like telling a client that he would have to sell his 10 handguns to an FFL (because who in their right mind is going to give them to the police department?), and then when the TRO is lifted, he would only be able to DROS one handgun back to himself every 30 days.

As for the advice/information passed on by RandyD and Gleam, I couldn't have said it better myself. Stay extremely calm, move out right away, and avoid conflict. Communicate in writing and assume the judge is reading all of your e-mails (because he or she likely will).

I concur with your advice.

[TeddyBallgame]

damn, aren't any of these judges married themselves?

aren't they aware about "a woman scorned......"

[L84CABO]

Crap like this makes my blood boil. People need to grow the hell up. Sorry for your troubles OP.

[anthonyca]

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. Before a TRO is issued, and if you are not restrained by a family law summons, which contains automatic restraining orders prohibiting you from selling property, you can sell your firearms to someone you trust such as a friend or family member and then buy them back at a later date of your choosing. 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. At the hearing the TRO will expire, and the judge will decide if a permanent restraining order is required. If a permanent restraining order is issued, it could be in effect for several years, and during that time you will not be allowed to use, possess or own a firearm. If a permanent restraining order is not issued, you can then legally reacquire your firearms. At the restraining order hearing, your wife bears the burden of proof that a restraining order should be issued. The burden of proof required is clear and convincing evidence, which is higher than a preponderance of evidence and lower than a reasonable doubt. Hope this helps.

QFT.

This needs to be a sticky. Read what the experienced attorney wrote above. If you are not yet restrained from selling due to the divorce and have not been served, be very careful of who you transfer your guns to. I know of a similar situation where the "friend" will now not give the gun back to the man who transferred it to him.

[that one guy]

This is why I won't get married

[RandyD]

This is why I won't get married

I hate to break the news to you, but marriage is not a condition to being able to apply for a DVTRO. Any girl that you have a romantic relationship (one date qualifies) with can apply for a DVTRO.

[MeatyMac]

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. Before a TRO is issued, and if you are not restrained by a family law summons, which contains automatic restraining orders prohibiting you from selling property, you can sell your firearms to someone you trust such as a friend or family member and then buy them back at a later date of your choosing. 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. At the hearing the TRO will expire, and the judge will decide if a permanent restraining order is required. If a permanent restraining order is issued, it could be in effect for several years, and during that time you will not be allowed to use, possess or own a firearm. If a permanent restraining order is not issued, you can then legally reacquire your firearms. At the restraining order hearing, your wife bears the burden of proof that a restraining order should be issued. The burden of proof required is clear and convincing evidence, which is higher than a preponderance of evidence and lower than a reasonable doubt. Hope this helps.

I have been told (possibly FUD?) that it's best to sell/transfer your firearms to the FFL because the police/LE will sometimes require that you prove ownership with a sales receipt for each firearm before they will release them back to you and the FFL will not do this. Can someone confirm or disprove this.

[swat]

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?

You've got no one to blame but yourself! You picked this woman, no one forced you to marry her. Besides there are two sides to all stories.

[Librarian]

I have been told (possibly FUD?) that it's best to sell/transfer your firearms to the FFL because the police/LE will sometimes require that you prove ownership with a sales receipt for each firearm before they will release them back to you and the FFL will not do this. Can someone confirm or disprove this.

Such a requirement has been reported to occur.

It is embedded in the law regarding Law Enforcement Gun Releases; in sequence

Penal Code 33800

(a) When a firearm is taken into custody by a law enforcement officer, the officer shall issue the person who possessed the firearm a receipt describing the firearm, and listing any serial number or other identification on the firearm.

(b) The receipt shall indicate where the firearm may be recovered, any applicable time limit for recovery, and the date after which the owner or possessor may recover the firearm pursuant to Chapter 2 (commencing with Section 33850).

(c) Nothing in this section is intended to displace any existing law regarding the seizure or return of firearms.

Then return (eligible persons)

Penal Code 33865

(a) When the Department of Justice receives a completed application pursuant to Section 33850 accompanied by the fee required pursuant to Section 33860, it shall conduct an eligibility check of the applicant to determine whether the applicant is eligible to possess a firearm.

(b) The department shall have 30 days from the date of receipt to complete the background check, unless the background check is delayed by circumstances beyond the control of the department. The applicant may contact the department to inquire about the reason for a delay.

(c) If the department determines that the applicant is eligible to possess the firearm, the department shall provide the applicant with written notification that includes the following:

(1) The identity of the applicant.

(2) A statement that the applicant is eligible to possess a firearm.

(3) A description of the firearm by make, model, and serial number, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted.

(d) If the firearm is a handgun, and commencing January 1, 2014, any firearm, the department shall enter a record of the firearm into the Automated Firearms System (AFS), provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS.

(e) If the department denies the application, and the firearm is an otherwise legal firearm, the department shall notify the applicant of the denial and provide a form for the applicant to use to sell or transfer the firearm to a licensed dealer. The applicant may contact the department to inquire about the reason for the denial.

If the holding agency has complied with 33800(a), that receipt ought to satisfy 33865(c)(3).

OR return (prohibited persons):

Penal Code 33870

(a) If a law enforcement agency determines that the applicant is the legal owner of any firearm deposited with the agency, that the applicant is prohibited from possessing any firearm, and that the firearm is an otherwise legal firearm, the applicant shall be entitled to sell or transfer the firearm to a licensed dealer.

(b) If the firearm has been lost or stolen, the firearm shall be restored to the lawful owner pursuant to Section 11108.5 upon the owner’s identification of the firearm, proof of ownership, and proof of eligibility to possess a firearm pursuant to Section 33865.

(c) Nothing in this section shall prevent the local law enforcement agency from charging the rightful owner of the firearm the fees described in Section 33880.

If the holding agency has complied with 33800(a), that receipt ought to satisfy 33870(a).

See also the wiki -- http://wiki.calgunsfoundation.org/Fi...are_registered

[NIB]

Get an expert attorney. Other than that the only advice I can give is to cut off all contact. DO NOT go visit her. DO NOT call her. DO NOT go to her place of employment. Contact her through your attorney only. If she initiates the contact, DOCUMENT and get a recorder and inform her on record with any contact that you are recording the conversation. DO NOT think you can maybe talk with her and reason with her. You'll thank us later.

We had a Calgunner many years ago that had a RO put on him by his girl friend. He thought he would go to her place of employment to talk it over. Bad idea. Girl friend called police, Calgunner arrested. Not sure what happened after that.

[xrMike]

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.

... and delete this thread.

I've seen advice like this in similar threads and always wondered about it.

Creating a thread like this on the web only causes problems for the OP if ALL of the following requirements are met:

1. ex must know that the OP posts on a specific web forum
2. ex must know the OP's user-name on that forum
3. ex must be smart enough and sufficiently motivated to search that forum for information to use against him

Remove any ONE of those and I don't think he has anything to worry about.

[Granite]

Stop all communication.

[Germz]

get a gun trust asap.

[tackdriver]

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. Before a TRO is issued, and if you are not restrained by a family law summons, which contains automatic restraining orders prohibiting you from selling property, you can sell your firearms to someone you trust such as a friend or family member and then buy them back at a later date of your choosing. 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. At the hearing the TRO will expire, and the judge will decide if a permanent restraining order is required. If a permanent restraining order is issued, it could be in effect for several years, and during that time you will not be allowed to use, possess or own a firearm. If a permanent restraining order is not issued, you can then legally reacquire your firearms. At the restraining order hearing, your wife bears the burden of proof that a restraining order should be issued. The burden of proof required is clear and convincing evidence, which is higher than a preponderance of evidence and lower than a reasonable doubt. Hope this helps.

Now regarding this, if you "sell" to a friend, I assume you have to DROs each and every one....twice?