Temporary Restraining Order in Divorce Case Dismissed, but DROS Denied

[Gugs]

Hello All,

Many months ago, a TRO that was filed against me. I turned in the firearms to a FFL who has stored them for me. The TRO was recently dismissed, and we waited 14 days after the judge signed the stipulation to DROS the firearms back to me. Today, I found out that the application was DENIED.

What are my next steps? It sounds like I will be receiving a letter from the DOJ regarding the denial. I read about requesting a Live Scan to see what's on my record that would prevent me from getting the guns back. Should we have waited longer before attempting to DROS?

Thanks in advance,

Gugs

[Mark49]

I just did a long post on this subject


Did your TRO go forward to a RO?

How many years ago was your TRO-RO?

Divorce RO's if granted are good for 3 years "Harassment"

[Gugs]

I just did a long post on this subject


Did your TRO go forward to a RO?

How many years ago was your TRO-RO?

Divorce RO's if granted are good for 3 years "Harassment"

Thanks for chiming in Mark49.

The TRO was dismissed and did not go forward to a RO.

[Mark49]

Then my guess is the DOJ somehow sees it as recorded. I would get the court docs and start calling the DOJ

[Gugs]

Then my guess is the DOJ somehow sees it as recorded. I would get the court docs and start calling the DOJ

Yes... that's the plan for Monday. Thanks again.

[eijjie33]

not a reply but more of a question as well... i am on the same boat... i was accused of domestic violence due to our messy divorce, thus TRO was filed against me.. the case was rejected by the court for lack of evidence, my problem is on how to retrieve my guns from the police department... thanks for the help..

[larkja]

not a reply but more of a question as well... i am on the same boat... i was accused of domestic violence due to our messy divorce, thus TRO was filed against me.. the case was rejected by the court for lack of evidence.

You guys are lucky. My ex was granted a 2 year RO based on coercive control. She started taking money out of the business bank account and I said "no way." Judge saw this as me trying to control the situation and ruled in her favor. I had a slew of evidence disputing her DV claims. The judge found her "not credible" because she lied on the declaration, but still ruled in her favor due to coercive control.

Would have appealed the decision, but it takes 2+ years plus $50,000 to $75,000. By that time, the RO will have been done. Plus, I don't have that kind of $$$ to throw at it.

Family courts in this state are corrupt.

[Librarian]

not a reply but more of a question as well... i am on the same boat... i was accused of domestic violence due to our messy divorce, thus TRO was filed against me.. the case was rejected by the court for lack of evidence, my problem is on how to retrieve my guns from the police department... thanks for the help..

You need to request a Law Enforcement Release - see https://oag.ca.gov/firearms/lerinfo

[Beelzy]

I think the mistake here was turning in the guns when the RO was filed, and not waiting to see if the RO is granted at the hearing. The DOJ probably sees the RO as granted.

[eijjie33]

You need to request a Law Enforcement Release - see https://oag.ca.gov/firearms/lerinfo

thanks for the input, but is there a company or firm that does this sort of thing to help recover the firearms in a sureway?

[Vinnie Boombatz]

Man, you guys are really making me want to get married.

[NorCalBusa]

I just did a long post on this subject


Did your TRO go forward to a RO?

How many years ago was your TRO-RO?

Divorce RO's if granted are good for 3 years "Harassment"

Put up a link to your long story please.

[Librarian]

thanks for the input, but is there a company or firm that does this sort of thing to help recover the firearms in a sureway?

Not that I've ever heard of. A lawyer might advise you, but

Beginning December 1, 2021, applicants must electronically submit a Law Enforcement Release (LER) application for the return of firearm(s), ammunition, and/or ammunition feeding device(s) via the California Firearms Application Reporting System (CFARS).

You are the 'applicant'.

[Gugs]

I think the mistake here was turning in the guns when the RO was filed, and not waiting to see if the RO is granted at the hearing. The DOJ probably sees the RO as granted.

[Gugs]

Update and Questions

My FFL suggested that I go ahead and get the Live Scan prints done while I waited for the letter of denial from the DOJ. I spoke to the DOJ about the denial despite the TRO being dismissed. I explained to the DOJ that I still had not received the denial letter, which was to be mailed to me within 10-days of denial, and requested that another letter be sent to me. I then received results of Live Scan and it showed no criminal history or even a mention of a TRO/RO.

About a week later, received a letter from the DOJ regarding the denial, along with a rap sheet explaining the grounds for the denial. The rap sheet contains abbreviated portions of the original TRO, as well as an abbreviated and misinterpreted contents of the TRO dismissal, still classifying me as a prohibited person.

Did the Court Clerk misinterpret and update the database with wrong information despite the dismissal by the Court?

Who do I need to speak to to get the misinformation corrected? Would that be the Court or the County SO?