Divorce & Guns - Continuation

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Burl

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I brought this touchy subject up a while back and my divorce is now final so I again need advice. I will start with a little background: I am a TX CHL holder, never had a dwi, never had any drug related issues, never been arrested, never been convicted or even accused of child or spousal abuse, good credit, job for 13 years, child support paid up to date.......need I go on.....My record is squeaky clean.

The judge's decision includes a permanent mutual injunction requiring the following: "Parties are ordered to (1) secure any firearms in their possession in a locked container not accessable by any child or other person; and to (2)not have any firearms on their person while in the possession of the child or children; and to (3) not have the children around any other person or persons who may have a firearm on their person or in the vicinity of the children."

How can this be? I can now not enjoy shooting sports with my children? How can I get this made right without spending a fortune in attorney's fees? I have already spent $35,000 on this divorce and am left with the real possibility that I will just have to live with this situation. PLEASE HELP!! Can/will the NRA help me? Is there some kind of activist group that can assist? The lies told in the courtroom were astounding and we even caught them in a couple "little white lies" but to no avail. Where do I turn, that does not cost me thousands of dollars, to get straightened out what I have done nothing to deserve.
 
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That sounds really extreme. I don't really have any advice but I'd just like to say that sounds really really unfair.
 
Burl said:
How can I get this made right without spending a fortune in attorney's fees?
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You can't. The only way to POSSIBLY get it corrected is to spend a fortune in attorney's fees. And then it is only a roll of the dice, which are probably weighted against you. :barf:

Burl said:
The lies told in the courtroom were astounding
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I can so relate to that. My divorce is costing me about $175,000. We didn't even have a house or kids.

I'm sorry, I wish I could say anything other than I feel your pain. I know what it's like. Thank God my judge saw no basis for the restraining order they were seeking against me and told them to pack sand on that one particular point.
 
Sorry, but a real life legal problem requires the services of a real life, qualified lawyer -- not the advice of a much of anonymous characters on the Internet who may or may not know what they are talking about.

You've gotten a lousy court order from the judge, and you need to try to get it modified. It highly doubtful that you'd be able to do anything about it simply or informally. IME judges tend to think that they have done the right thing, and they are tend not to be inclined to change their minds about things just because someone asks them nicely. It really looks like a job for a good. local lawyer who knows what he/she is doing.

Now I know that Bart knows his business, and he gave you some good advice.
Bartholomew Roberts said:
Have you tried contacting TSRA? Even if they cannot help; they may be able to direct you towards someone who can.
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You need a lawyer. I am not one but to me these restrictions are against the constitution of the state of Texas.

Constitution of the State of Texas, Bill of Rights, Section 23:

Sec. 23. RIGHT TO KEEP AND BEAR ARMS. Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.
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Thanks for the input, I am a member of the TSRA so that will be my next contact. Have blasted the local paper, tv stations & state representatives thus far.
 
i belive you got an anti-gun judge who is pushing his agenda on you & your family. i would atleast talk to your lawyer or another one & ask what options you have. their might be a case becuse you lost your rights without due process & unjustified. good luck & please keep us posted.
 
Your lawyer should have given you a heads up on the judges order restricting the access to the guns. Didn't you review the court order with your lawyer before you signed off on it? I'm not sure what the divorce laws are in Texas, but they seem really different than what I've heard of.
I'm divorced too and it cost me $175K to get rid of my EX - worth every penny too.
But, I had the final (unsigned) orders in my hand 5 days before we were in court so I knew exactly what the terms were, bfore they were finally ordered.

I can't imagine that the judge placed that type of restriction on all of his divorce orders. When you talk to the people at TSRA, see if there's been a precidence for this type of action by other judges, or is it just this judge passing his stronghand on gun owners. I find it difficult to accept that a divorce judge has the authority to trump state law, unless your ex really raised hell with the courts about your gun collections, and the way you normally handle and/or store your weapons.

Burl, I wish you the absolute best in getting this resolved fairly and inexpensively.
Regards, Gearchecker
 
The lies told in the courtroom were astounding
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That is so wrong. Somehow, you and your lawyer have to expose the lies that led the judge to make that ruling and convince the court that your kids would be safe around guns when they're with you. I wish you luck.
 
It is also possible that she got this slipped in intentionally, just to mess with your lifestyle.
 
First, I am a lawyer and agree that you need to hire a competant qualified lawyer who is both an expert in divorce laws and pro-gun (so he will understand rather than just go through the motions).

Questions: Did you do anything to prompt this anti-gun ruling, or did you or your lawyer advocate on a pro-gun stance? Or is just the standard boilerplate ruling with checked blocks on a form letter? It could be that the judge had no idea of your pro-gun interests and did not even think twice about the ruling... it does happen.

If there was no evidence of abuse, danger in the home, etc. it seems like a strange ruling.
 
If there was no evidence of abuse, danger in the home, etc. it seems like a strange ruling.
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I would be willing to bet a dollar against a doughnut hole that there were plenty of allegations with no evidence (or basis in reality). :cuss: :banghead: :fire:

Been through that one.
 
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