[Stand_Watie]

I just got hit with the divorce papers and they include a temporary restraining order that I think is pro forma. Is it ALL restraining orders that prohibit posession of firearms or just certain types?

The RO says nothing about firearms and the petition for divorce specifically states "No protective order under title 4 of the Texas family code is in effect and no application for a protective order is pending with regard to the parties of this suit".

If I do have to divest myself of the firearms can I pick them up to take them to a storage location or do I have to call someone to come get them?

[Infidel]

You really should turn off the computer and go talk to a Lawyer, NOW!

[Henry Bowman]

Call your lawyer - NOW! Don't have one? Get one. You can always switch to a different lawyer later if you choose to.

Ask him/her how to reconcile the RO that you received with the other statement.

[Azrael256]

Go ahead and call your lawyer, because it is wise.

I will tell you that the TRO issued along with a divorce filing is not the same type that would cause you firearms trouble. I'll come up with a cite for you in a little while.

Edited to add:

Poke around on findlaw for Family Code Chapter 85. it describes the types of protective orders issued during divorce. It is the specific chapter of Title 4 that the TRO refers to. Chapter 85 specifies that only a protective order issued against someone who has committed an act of violence against a family member prohibits the posession of firearms. Since your TRO specifies that it is not a title 4 order, you are not prohibited.

Also, 85.026 specifies that an order which prohibits you from posessing a firearm must state as much.

I will advise you to move your firearms to a third party location where they will be monitored. No storage lockers, but somewhere you can't access them without talking to another person. A good friend's gun safe would be a good place.

As with any free advice, what I have said is worth what you're paying. I am not a lawyer, don't play one on TV, and I've only driven by a Holiday Inn Express. Your real lawyer will give you better advice.

[Stand_Watie]

My own lawyer said I promise you you don't have to get rid of your firearms.

But my own lawyer is a divorce attorney, and I figured someone on here might be more up on the specifics of that law than she. Thanks Azrael.

[justashooter]

put your guns away with a friend, anyway. women don't always tell the truth, and what she says could hurt you. don't tell her you left them with a friend, just do it and wait. worst thing could happen is nothing.

[TarpleyG]

Yes, defintiely move the guns right now to a friend's place. You may opt to keep something around for protection that you can afford to lose later but move everything else. Something similar happened to a friend of mine and his guns, once they were returned from the cops, were completely trashed. They were not kept away from moisture and were rusted up pretty badly.

Greg

[pittspilot]

Your wife is likely aware that you post here.

I would refrain from giving her ideas in the future. I would also listen to your lawyer. If you don't trust her, get another.

[Azrael256]

Thanks Azrael. Anytime. I'm in Dallas this summer if you need to blow off some steam. I think there's a range that rents Class III stuff around here somewhere :)

[Drizzt]

A fellow was telling me the other day that lawyers here in TX (and probably in a lot of other states), used to use a standard divorce form that they leased off a CD or something. What nobody realized until after the TX CHL laws went into effect was that there was a paragraph in the default form that stated that both parties agreed to a restraining order. Never was a big deal until a few guys started getting prosecuted for stating on their CHL app that they were not under a restraining order.

One of these days, folks might actually start reading all the way through a document before signing it.

[Stand_Watie]

Thanks for all the advice guys. I've stored the most easily salable and most valuable stuff with my father-in-law. Yeah, you heard that right. My father-in-law is going to be testifying for me in the first custody hearing next week and is going to be helping me with the legal bills. My wife has already been cut out of the will and my daughter now the prime beneficiary with me as the custodian.

Did I mention Azrael that he has a class III? He asked me to sell his extensive collection for his wife if he passes before she, to get the best $$ possible. I have pretty cool in-laws. Actually I have a pretty cool wife too, except for this recent (and I hope temporary) insanity.

[Azrael256]

Drizzt, I have to say that I find that story rather difficult to believe. Usually there is a TRO along with every divorce filing, but IIRC, they're of a different nature than a true "Protective Order." I do know that everything used to come straight off the Matthew Bender CD, as it contained a rather obscene number of standard contracts, so that part is probably right. I don't think that it would have caused a problem like a real protective order. Either the divorce law has changed, the CHL law has changed, or I completely misunderstood that part of the CHL law. Anyway, it is probably best not to go applying for a CHL in the middle of a divorce proceeding. Being in a heightened emotional state while making arrangements to carry a weapon might raise a few red flags.

Stand_Watie, I really do hope this works out for the best. I read your other posts on the subject on APS, and I reserved comment because I had trouble formulating a response. Suffice it to say that my mother divorced my very abusive father in 1996. I was 14 at the time. Oh, and dad is a retired Dallas cop. It was a royal mess, and it has had repercussions that have lasted quite some time. The last big one hit me about three weeks ago.

If you ever want to talk about any aspect of it (and believe me, I have far too much experience in this realm), I'm not hard to find.

Remember, I'm pullin' for ya. We're all in this together.

[pete f]

buddy your father in law is agood guy but blood is thicker than water and you NEED to find somewhere else, he may be testifyiing for you but I would not trust that any farther than I can throw rosie odonnell.
he may have a class 111 but really you also need to take him out of the loop,

My brother also went before a judge and had the TRO overturned as being both arbitrary and spiteful, and made sure the judge would make the necessary filings to his record so as to not incur a felony conviction for improperly filling out a yellow sheet,

Get a lawyer who gives you a bleak outlook, he is usually telling you the truth.

[Coronach]

A restraining order and a protection order are NOT the same thing. The situation with protection orders is bad/stupid enough without blowing it out of proportion.

Protection orders are handed out by judges in instances of violence (or, to put it more correctly, alleged violence).

Restraining orders are handed out by judges in instances where the judge is empowered to tell someone not to do a certain thing (Don't visit this person. Don't dig that trench. Stop work on this building. Don't sell this property).

Protection Orders set into motion the (IMO) unconstitutional provisions of the Lautenburg Amendment. Mere restraining orders do not.

Which do you have? If it is pro forma, it is probably a restraining order. Find out, right away.

Regardless, consultation with an attorney and removal of said guns to a different location is not a bad idea. Things can get ugly, tempers will flare, accusations could be made. Moreover, property can sometimes change hands a few times, or come up mysteriously absent one day. The guns are "yours" in the classic sense of the word, but (generally speaking) when you are married everything belongs to both people, until the judge sorts it all out. Its perfectly legal for her to take some of "her" stuff (read: your guns). Its also perfectly legal for you to put some of your stuff (read: your guns) someplace else for the duration of this legal proceeding.

Anything and everything said here should be confirmed with the attorney you consult. YMMV, IANAL, check your local listings, etc.

Mike

[El Tejon]

Check your local listings for an attorney who specializes in family law.

Be careful about making allies with the in-laws. Have seen this blow back when push comes to shove at the final hearing.

[Jon Coppenbarger]

I went threw the same thing a few years ago or close to what you are saying.
The box on the form was checked and when I went to my laywer she kept checking every once in awhile to make sure there was no restraining order or anything else on me. There was not but going threw a divorce with a very bad drunk you always will have surprizes.
#1 Take anything you want to keep someplace where it is safe!
#2 Do not put all your stuff in one place.

Remember this NO matter how sane you think she is you have NO ideal what will happen and most of the time you will be trying to catch up to what they are doing if you are being pasive.

If you are in the early stages you might be wondering why and where she is getting all these ideals from? FRIENDS of her's! You can get this and that Bastard owes you this and that.

You just might find out that the courts do not give a hoot unless someone files a motion for something.
Lets see mine had a lock smith open the house for her after she had already cleaned me out. I know it happened more than once and just because I happend to come home right when the lock smith had opened the door. His comment was she has a drivers license for this address so he opened it up. Now that he knows she will have to go to another one.
What did anyone do Nothing! Yeah I could of gone and got a restraining order against her. Why not you ask? Well you file and guess what you just might find yourelf with one a week later that will take your guns away. He was following me and tried to run me off the road. her daughter went threw that in her divorce so why would I not think my ex learned that leason.

It sounds like you are already taking a course trying to get the kids and her family is on your side, That would be enough for her to seek revenge by its self.

Maybe those things will never happen and others and but play it safe. Remember it was her that filed not you so do not think that is all she plans on doing.
Here is a good example of what happened to a friend of mine.
Started the same but he thought he played it safe and split his guns up between a few friends to hold.
Pissed her and her laywer off so they went to court and got a court order for him to turn his guns over to be sold to pay for her lawyer fees. They then started to go to his friends and one of them turned over what he had to them. They were gone and he never saw them again. He did have a few at some others houses that did not give thm up. Hell mine even came back and told me I would have to sell my guns or she should have half of them after she already cleaned the house out. I am talking about like way over $75k in antique glass(all pre 1910) and pottery and what did I get back from the courts? [0]. She ended up when I sumitted a list of what she took leaving my guns alone. from what I could remember and trust me when I say I could not remember everything she took either.
Protect yourself.

[p35]

I believe the Lautenberg Amendment requires that the order (1) be issued after a full hearing with notice to both sides and (2) specifically restrain you from domestic violence type activities, not just the basic "don't sell the car or take her name off the insurance" order.

Here in Washington State, there's a specific section of the standard application for a restraining order that requires a higher level of proof for an order to give up your guns. I rarely see one even asked for.

[Stand_Watie]

not just the basic "don't sell the car or take her name off the insurance" order.

Yeah that's the one I got right there.