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Restraining Order Question
- Thread starter glide
- Start date
As you HAVE an attorney, why don't you ask him/her, instead of trolling the internet for free advice (which sometimes is not worth what you paid) ?
You might also check the Legal section for the details of how c. 209A orders work. In the meantime:
1. Start looking for family members with licenses; and
2. Learn the difference between "loose" and "lose."
You might also check the Legal section for the details of how c. 209A orders work. In the meantime:
1. Start looking for family members with licenses; and
2. Learn the difference between "loose" and "lose."
You have a lawyer already, ask him how to proceed in regard to her claim of harassment as merit for the order. Other than that you may want to hedge your bets with storage or start telling your story because you may be in for a hell of a ride.
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
I'm not looking for free legal advice. I'm just trying to get an idea of how the process went for others on the board.
No one else in my family has an LTC, and my attorney practices family law; firearms law is not his forte.
Sorry for the misspelling. If questions are not welcome here that's fine, but I thought this was an open forum...
No one else in my family has an LTC, and my attorney practices family law; firearms law is not his forte.
Sorry for the misspelling. If questions are not welcome here that's fine, but I thought this was an open forum...
I addition to Scriv's sage advice, I would limit any non-physical contact to be through your lawyer, or at the very least in controlled circumstances, in public, with witnesses if you must have contact.
Get a different lawyer, get ready to pay thousands, and find someone with LTC to pick up from police station...if you want. They will take your stuff, but you can have someone get it from them. My friend had a restraining order placed on him. His lawyer, has his LTC, and picked up all his weapons and ammo from police station and held eveything for him. He got everything back. It cost him about $7K. If you don't get them back, you can still sell them.
R.O.s are brutal and not to be messed with. Its never expunged and if she even thinks you are nearby she can make a phone call and it starts all over again.
You nailed the process in your reply. Once served the Police may ask you to turn your weapons in, the chances of this depend on where you live, relationship to the person and how the Chief feels.
You could try storing them with a friend, but I am not sure of how legal that may be...some people say yes, some police say yes, others say no not at all.
You've already met one of the firearms lawyers on the board and he already Scrived you...it may do well to send him a pm. You can find the full list of lawyers and likely better answers to your questions in the Masslaw subforum.
It is open, its just this is not the usual introduction to a new member. Since you have no history, you may not get the benifit of the doubt. Especially with talk of RO's. They are sometimes given unjustly, but the law of averages is against you where we have no history. No offense, just the way it is...
Good advice.
BTW that was your welcoming by Scriv, it's a right of passage, some consider it a badge of honor. Don't take it personally.
I think I'll stop by and talk to the chief tomorrow, explain the situation and see if it is okay to store them with someone else. I have a friend in another department who said he is fine with taking them, but I don't want to cause issues for him if the local chief comes calling.
I guess my only remaining question is after the RO expires, could I just pick up my license and firearms assuming the chief does not revoke my LTC? If it is revoked can I just get an FID card to allow me to retain possession of my firearms?
Having been through it with a lawyer myself, I suggest you fight the 209A if it was filed fraudulently and make sure your lawyer ask the judge to not only vacate and expunge the order but have it removed from your record including the CHSB where it will remain unless you do so. There is some legal bullshit term they use for that and it's not easy unless you can prove "FRAUD". Remember that word! When mine was expunged, the judge did not have the power to have it removed but now they do.
If you do fight it and the judge expunges and vacates it immediatly, meaning first week or so when you go before the judge, you will have a demonstrated advantage in showing you are suitable and that it was filed fraudulently. Spend the money and tell your lawyer to go the distance or it will follow you forever. Your looking at probably 4 hours in court with a lawyer, mine was eight and winning the 209A was just PRICELESS.
The last thing any person that doesn't deserve a 209A needs is giving the power of the 209A to a vindictive someone that does not either need or deserve it for the reasons intended. Not only can they take your weapons but she can have you tossed into jail on a whim from Friday till Monday when you see a judge.
Whatever you do, do not! I repeat do not! allow your lawyer to consider the 209A a simple matter! It will follow you in your records even if it's the only thing in your record forever.
Oh yea, the judge (most) do not usually expunge and vacate these orders immediatly unless you can prove your not a threat so better have all you documents and shit together assuming your have witnesses, times and records to show the order was taken out fraudulently. Be prepared in going before the court and the judge to defend yourself to the utmost of you ability. The other good advice that was given here is to avoid all and any contact and if you are contacted you should call the police and make sure it was on the records.
If you do fight it and the judge expunges and vacates it immediatly, meaning first week or so when you go before the judge, you will have a demonstrated advantage in showing you are suitable and that it was filed fraudulently. Spend the money and tell your lawyer to go the distance or it will follow you forever. Your looking at probably 4 hours in court with a lawyer, mine was eight and winning the 209A was just PRICELESS.
The last thing any person that doesn't deserve a 209A needs is giving the power of the 209A to a vindictive someone that does not either need or deserve it for the reasons intended. Not only can they take your weapons but she can have you tossed into jail on a whim from Friday till Monday when you see a judge.
Whatever you do, do not! I repeat do not! allow your lawyer to consider the 209A a simple matter! It will follow you in your records even if it's the only thing in your record forever.
Oh yea, the judge (most) do not usually expunge and vacate these orders immediatly unless you can prove your not a threat so better have all you documents and shit together assuming your have witnesses, times and records to show the order was taken out fraudulently. Be prepared in going before the court and the judge to defend yourself to the utmost of you ability. The other good advice that was given here is to avoid all and any contact and if you are contacted you should call the police and make sure it was on the records.
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Thanks for the advice everyone. I'm going to get a referral from my family lawyer tomorrow and at least have a consultation to see what the best course of action is.
Hopefully she is just blowing smoke, but I cannot take the prospect of a restraining order lightly.
Hopefully she is just blowing smoke, but I cannot take the prospect of a restraining order lightly.
For firearms law, you might want to consider Scrivener or Cross-X. They are both knowledgeable in this area.
Again, great advice.
Deal with your problems with the probate or family lawyers first and firearms lawyer second. The fire arms lawyers will need the records and documents from probate to make and succeed with their case assuming your win and the COP has a problem with that. These are two different areas of law as a rule. Hire the right lawyer for the right job!![[grin]](/xen/styles/default/xenforo/smilies.vb/041.gif "Grin [grin]")
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I'm not sure of what the procedure is after the R.O. eclipses, however you may not be aware that they have different timelines, some are one week until the hearing, some are for a full year, others last even longer after review.
As gene mentioned the R.O. is no joke at all, it will follow you on everything. Even when you think its gone its still there...I think question #13 on the LTC app asks if you have ever been the reason or subject to one. You think its all set but its not and you've just lied on that question.
As many have mentioned you really should contact one of the lawyers we have on this fine board for real help and answers to your questions. You may be able to have one of them work with your current lawyer who may not be well versed in firearms laws. When dealing with this subject you can never err with a specialist.
Good luck.
The R/Os that I am familiar with are placed on an individual for a weeks time. Then you get to go to court and tell your story. It is then up to the powers that be to determine wether or not to extend the order for I believe a years time. I'm not sure that this is how all R/Os work, this has just been the case in the four that I have heard of. Two of the individuals owned firearms. One of them was allowed to store them with his brother who had a LTC. There was no transfer or registration (The guns were owned before registration was required and were never transfered so they never were registered) required. It wasn't mentioned to the individual by any of the officers that there needed to be anything done about this.
Do not rely on this happening to you, talk to a lawyer about what you have to do about that. The other person's guns were confiscated and he had no one to take them for him. Whatever the police department does with them is where they currently reside. In all of the cases the orders were extended for a year.
As others have stated to the point of beating a dead horse, talk to a lawyer. Their job is to know how this works. I don't, so those examples are just to give you an idea of what might happen. Every town is defferent, and every case is different. Prepare for the worse and hope for the best. You are not at an advantage being a man who enjoys owning firearms, and an ex who may be looking to make your life hell.
Do not rely on this happening to you, talk to a lawyer about what you have to do about that. The other person's guns were confiscated and he had no one to take them for him. Whatever the police department does with them is where they currently reside. In all of the cases the orders were extended for a year.
As others have stated to the point of beating a dead horse, talk to a lawyer. Their job is to know how this works. I don't, so those examples are just to give you an idea of what might happen. Every town is defferent, and every case is different. Prepare for the worse and hope for the best. You are not at an advantage being a man who enjoys owning firearms, and an ex who may be looking to make your life hell.
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There is no "may" here at all. If he is served an RO under MGL 209A, he's pretty much disqualified from possession while the RO is in effect anyways. This means,generally speaking, the PD -will- come to seize your guns, etc. The best case scenario might be that they'd allow a friend with an LTC to take possession/control of your firearms instead of having them sit in a crappy evidence locker or get shipped off to bonded storage. (and if that happens, Mr. Dowd will make your guns rapidly lose value at an alarming
rate with his absurd fees. )
-Mike
Do whatever you can to avoid the RO. Do talk to Cross-X or Scrivener. Most family law lawyers won't even know a good firearms attorney to refer you too. Scriv and Cross-X are two of the best.
It's worth anything you can pay to avoid getting an RO on your record. Like others have said, it doesn't allow much leeway for a COP to make any decision BUT to take your LTC and maybe your guns.... for a REAL FREAKIN' LONG TIME.
Get ahead of the fight. It's worth it. It sucks that some undocumented charge from some pissed of ex can cause this much trouble. Hope it works out for you.
It's worth anything you can pay to avoid getting an RO on your record. Like others have said, it doesn't allow much leeway for a COP to make any decision BUT to take your LTC and maybe your guns.... for a REAL FREAKIN' LONG TIME.
Get ahead of the fight. It's worth it. It sucks that some undocumented charge from some pissed of ex can cause this much trouble. Hope it works out for you.
