Styx
Member
- Joined
- Dec 11, 2014
- Messages
- 3,321
I was a victim of an ex getting a restraining order based off of a lie to get the upper hand in a child custody case.Restraining orders/Protection orders also permanently bar people from possessing firearms. The big issue I have with restraining orders is that they are too easy to get and the person who the order is against has no real way to defend themselves in court. This is especially true when an emergency restraining order is granted.
I do agree that some people deserve to have a restraining order against them for being violent and should loose the right to possess firearms (for as long as the restraint is in force). The issue I have is it is way too easy for one party to get a restraining order against another person. And in general, judges will take the petitioner at their word and grant the order. I have seen way too many times where a vindictive exe gets a restraining/protective order just to mess with the other person.
All that's needed to get a restraining order that will immediately take way rights is for a person to go down to the court house or magistrates office to file a report. At that time a temporary order will be put into place which will bar you from having a firearm or ammo else be charged with a felon until the hearing takes place, and you get your day in court to defend yourself. That might be up to a month or two later. In my case I wasn't even allowed to see the affidavit or what I was accused of doing as standard procedure to protect the "victim." The accuser will be assigned a court appointed attorney, and you will have to pay for your own representation.