Retraining order and gun law?

[Mike86]

I have a legal question that my lawyers disagree on and was looking for some help.

Here's the deal;
My future former wife made the descision she wanted a divorce so knowing that I wouldn't be real interested in moving and leaving her everything we own she went to the courthouse and filed a domestic abuse restraining order to have the police toss me presumably never to return again. Now I'm no abuser and I hate that I've been accused of it but it's my word against hers and we all know the judge will side with her just because its the safer thing to do, Anyways, when the nice meathead from teh sheriffs office came down to serve me I got 10 min to get all my personal belongings and leave. When I tried to pack my guns out he stopped me and said I could no longer posses firearms and took my concealed permit on the spot. Now I know that if I contest the RO and lose then that stands as a civil conviction and federal law says I lose the right to keep and bare arms forever but does just the uncontested RO keep me from gun possesion and my CHL? I was told by both of my lawyers that it's a federal law that is being enforced but they're in disagreement on the interpretation and I don't know the statute to look up, does anyone here know what the laws says on this or am I screwed and standing by while she argues that since I can't have my guns she should get them?

TIA,

 

[DeltaElite]

I dunno the answer. Might try ATF or the Federal Prosecutors near you.
Good luck.

 

[Matthew Courtney]

There is a four prong test to gauge whether a domestic restraining order bars you from firearms possession.

1. Was the order issued at a hearing of which you recieved actual prior notice and had an opportunity to participate?

2.Is the plantiff an intimate partner?

3.Does the order restrain future conduct of the defendant which would place the plantiff or a child in reasonable fear of bodily injury?

4.Does the order include a court finding that the defendant is a credible threat to the safety of the intimate partner or child?

Generally, all of these provisions must be met for an order to bar one from firearm possession. See http://www.atf.treas.gov/pub/fire-explo_pub/i33102.pdf
for more details.

 

[Gordon]

Is this type of restraining order permanent or is it lifted after a certain period that is stated when it's granted? Cal is rumbling something about "officically rescinded" like you have to file to have one lifted. I thought these were "temporary restraining orders" by nature.

 

[G-Raptor]

The bottom line here is that you're hosed until the RO is lifted. Thanks to the Lautenberg amendment. This was part of Clinton's 94 crime bill.

There is a little wiggle room, but not much. Even cops are getting busted on this deal. If you're under a RO, it's a federal offense (10 year felony) to possess any firearm.

My recommendation is not to get near a gun until the RO is lifted or your lawyer convinces a court to return your firearms. Your lawyer may be able to arrange to have the guns placed in the custody of a third party, but YOU don't want to get caught with one until this is cleared up. This is what the Emerson case was all about.