What's the law on Restraining Orders?

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John Galt

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My friend might be about get a restraining order in re a divorce.
For no darned reason of course.

In re gun ownership, is the restriction permanent or just the life of the order?

He's sitting here waiting for the answer.

THANKS IN ADVANCE!!!!!!!!!!!!
 
Divorce filings often come with 'standard' restraining orders which prohibit both parties from disposing of property, running up debts, removing property from the jurisdiction of the court, etc. It is conceivable a court could be 'inspired' to command one or both parties to give up their weapons to the sheriff or police.

Generally, any restraining orders issued during a divorce proceeding end when the final decree is issued.

Restraining orders can be challenged by the restrained party in court and unreasonable terms of the orders reduced or removed. It is best your friend consult with his attorney to see how to respond to any restraining orders that are served with the divorce filing.
 
There are many kinds of restraining orders under state law, from temporary ex parte orders to court orders attached to criminal findings of domestic violence. The laws vary greatly from state to state. Your friend needs to get a lawyer post haste and fight the effort. NICS rules are supposed to be limited to blocking someone who has had an actual finding of domestic violence against them, but don't count on this to prevent delays and improper denials. Tell your freind to avoid going into court without a lawyer and avoid stipulating to any court order without a complete understanding of its ramifications.

Then slap him upside the head and tell him to STAY THE HECK AWAY FROM WOMEN! They're bad news, all around. Bad bad bad.
 
Well I guess you can look at as a idiots tax..but first you have to be a idiot or marry a idiot and in the last case that puts you in the first case.:neener:
 
Depends on your state on how it will affect him
Here in NC a restraining order is a very bad thing for a gun owner. They passed a law last year that says if a restraining order is placed on you than you loose your guns and the right to purchase any firearms. This is supposed to be temporary, but it requires a judge to okay giving you your guns back if I am not mistaking.
My ex-wife would have done some spiteful crap like this her being the :cuss: she was. She was direct spawn from the devil. Do not get me started....
 
My ex-wife would have done some spiteful crap like this her being the :cuss: she was. She was direct spawn from the devil.
Click to expand...

Is it possible that you and I were married to the same woman?!?!? The mind reels...
 
if he even suspects that she might try some vindictive crap, he should get a restraining order on her right now. a good friend has gone round and round with his crazy wife and if he'd just gotten a restraining order before she did, he would've been gold. whoever has the order (or has it first) looks like the injurede party.
 
shermacman said:
Is it possible that you and I were married to the same woman?!?!? The mind reels...
Click to expand...

Could be... she used to show up at my parents house after we were divorced like nothing happened. She has since disappeared again so she is either locked up again or up there with you shermacman. At least she is away from me LOL
 
Does your friend live in NJ? Because if he gets a restraining order issued against him the police will be coming for what he already owns.
 
Your buddy needs to give his guns to you for temporary storage. Same thing happened to a buddy of mine and the cops didn't properly store his guns and they were all ruined when he received them back. Best thing to do when you know that a divorce is pending is to get the guns out of the house. "What guns officer?"

Greg
 
He is in California.
The Filing for divorce was yesterday, by her. (but it's mutual)
She wants to "Find Herself" (Screw Around).
Her &^&$* mother is paying for an attorney, so I told him to hire one too.
He's removing his guns & safe to a friend's house tomorrow.

There are actual legal charges dating back a year with pending felony(s).
(They were drunk & they wrestled around. In Calif, they do an automatic arrest & it's normally the guy, no matter what. Yep, the mother in law instigated the police call too)
Yes, I had him hire an excellent criminal attorney & told him to pay an unlimited amount in attorney fees.

* They are living together. It's her new attorney that is instigating the restraining order.

I know about felonies. All I want to know is whether
- Domestic violence charge is permanent bar from gun ownership.
- Restraining order is a permanent bar from gun ownership.
 
TarpleyG said:
Your buddy needs to give his guns to you for temporary storage.
Click to expand...
In this case, I would recommend your buddy transfer EACH and EVERY gun to a responsible party (you, for example) through an FFL. Paper trail and all when he says "Guns? What guns?" Besides, then she can't get any of his guns in the settlement. If she wants a percentage of the sale, well, have a receipt for $1 each.

~W
 
I know about felonies. All I want to know is whether
- Domestic violence charge is permanent bar from gun ownership.
- Restraining order is a permanent bar from gun ownership.
Click to expand...
Any Domestic Violence misdemeanor is a permanent and forever bar to gun ownership.
 
RavenVT100 is spot on

Any Domestic Violence misdemeanor is a permanent and forever bar to gun ownership.
Click to expand...

This is federal law that a misdemeanor can forever and permanently bar you from even picking up a firearm. The only recourse is to obtain a pardon or have the conviction expunged from your record. This rule comes courtesy of NJ Senator Frank Lautenberg who is coincidently (or not?) the least popular senator (most hated?) in the nation.

[EDIT]

It is also retroactive and there are known cases of people losing their arms and right to keep and bear arms convictions 50 years previous.

You can be convicted of domestic violence for perceived threats of violence and even an accident that occurs without malice.

Some Lautenberg horror stories.
 
He is in California.
The Filing for divorce was yesterday, by her. (but it's mutual)
She wants to "Find Herself" (Screw Around).
Her &^&$* mother is paying for an attorney, so I told him to hire one too.
He's removing his guns & safe to a friend's house tomorrow.
Click to expand...
Understand that moving the guns to a freind's house does not remove them from the jurisdiction of the court. The judge can demand to know where they are, and if your friend refuses to tell the court he can be jailed for contempt.

Pilgrim
 
Last edited:
Pilgrim said:
Understand that moving the guns to a freind's house does not remove them from the jurisdiction of the court. The judge can demand to know where they are, and if your friend refuses to tell the court he can be jailed for contempt.

Pilgrim
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Sell them like someone else said. $1 a piece. Just get a receipt.

Greg
 
Sell them like someone else said. $1 a piece. Just get a receipt.

Greg
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CA is a community property state. Selling what might be community property would be viewed by the court as a violation of the basic restraining order to not dispose of property or remove it from the jurisdiction of the court.

Pilgrim
 
Yes, that's a good point. In most states courts issue a standard order at the beginning of the action prohibiting either party from disposing of any part of the marital estate without permission. Don't assume you know what the marital estate is until you at least speak to an attorney.

Most of all--NEVER GET MARRIED IN THE FIRST PLACE! It's a horrible decision from a legal and financial point of view.
 
Unless I'm missing something I don't see how a restraining order pertains to gun ownership, unless you disobay the court order. Restraining order usually sets restrictions on distance allowed to the specific individual. Stay away if you receive one. The Judge takes this order very seriously, it shows disrespect and can result in contempt of court charges. These charges have NO restrictions on time. It is one of the worst things you can be hit with. Again I briefly read through this but do not violate a restraining order only bad can happen from it. Let your attorney sort it out. Good luck
Jim
 
Most of all--NEVER GET MARRIED IN THE FIRST PLACE! It's a horrible decision from a legal and financial point of view.
Click to expand...


Huh...Just don't get divorced.
 
best advice I can offer from a thousand miles plus or minus to the East is to go find yourself a gun-friendly attorney who handles Domestic Relations/Divoce work. You will need him/her. Soon.
 
My opinion which is worth about 2 cents. As much as you would like to "make the guns go away", the guns may in fact be part of the estate or property which will be disposed of as part of a divorce. Disposal now may be viewed as contempt just like running up a bunch of debt might be, or "transferring" money from a joint bank account and placing it into a new account in your name only.

I would work on trying to determine which guns preceed the marriage and what property in general preceeded the marriage and so forth so that you are prepared. If you can prove ownership prior to the marriage, they may not be part of a settlement. Otherwise, I suspect they will be listed in the property in the divorce settlement. It's embarrassing, I know. Guns should be the least of your problems unless you have lots of them.

I would place a restraining order on her as well via your attorney. All's fair in love and war. Good Luck.
 
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