Restraining order vs. CCW

This is a discussion on Restraining order vs. CCW within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; My wife left two days ago. I saw her today and she stated that she has filed a restraining order against me, falsely alledging abuse. ...

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Thread: Restraining order vs. CCW

  1. #1
    New Member Array Doc's Avatar
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    Restraining order vs. CCW

    My wife left two days ago. I saw her today and she stated that she has filed a restraining order against me, falsely alledging abuse. She actually admitted that it was to keep me from seeking custody and moving to Alaska with my son.

    I work as a security guard and might be switching to armored car shortly. How does this effect my CCW and my work as an armed guard? What will show on an FBI background check?

    Can anyone advise me how to appeal this? What is the process?

    Thanks.

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  3. #2
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    Contact a lawayer ASAP!
    You have to make the shot when fire is smoking, people are screaming, dogs are barking, kids are crying and sirens are coming.
    Randy Cain.

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  4. #3
    Distinguished Member Array SixBravo's Avatar
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    Miggy is right. Get a lawyer as soon as possible. I believe that having any kind of abuse on record will disqualify you from attaining or keeping your permit. Chances are good that if you cannt keep your permit, then your job will hurt because of it.
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  5. #4
    Distinguished Member Array Chooie's Avatar
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    Absolutely seek legal advice as a top priority. Restraining orders are serious business, but so is perjury.

  6. #5
    VIP Member Array Redneck Repairs's Avatar
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    Lawyer up , In the state of colorado at least her restraining order trumps your gun rights , they can and will remove all firearms you own without recourse . Your ccw just became moot .
    Make sure you get full value out of today , Do something worthwhile, because what you do today will cost you one day off the rest of your life .
    We only begin to understand folks after we stop and think .

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  7. #6
    Senior Member Array Timmy Jimmy's Avatar
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    I would right this minute take every firearm I owned to the Sheriff's office and tell them you want them to take the weapons and place them in their evidence locker until Monday morning.

    I would fill out a police report that states my wife has filled out a bogus restraining order and you know that you are no longer legally able to have weapons.

    Then I would go get the best criminal defense lawyer and the best family Lawyer in the state of Montana, and do exactly as those lawyers say.

    I say the Sheriffs office because the Sheriff is an elected official and the Police Chief is not. The Sheriff works for you the police chief works for the mayor who works for you.
    Timmy Jimmy

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  8. #7
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    Be nice to get her on tape admitting to lieing to the cops about the abuse.. BUT only if she hasn't yet filed the charges. A lawyer may need to find that out. Have you been served with any papers yet?
    At the very least talk to a lawyer that has this type of experience, there's a lot at stake here, do it right! Good luck!
    Be safe.

  9. #8
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    Oh yes - attorney for sure but hey - hardly need say this sucks to the nth degree. Sheesh.

    Does she hate you that bad? Is she aware of what this thing really is?

    Oh my - hate to hear this. I hope very much this can be nipped in the bud somehow.
    Chris - P95
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  10. #9
    Distinguished Member Array BIG E's Avatar
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    I know here that you can file a RO, but it is only good for 9 days or something. You then have to prove that it should be held in place for a longer period of time.

    I have had an attorney for 12 years due to my X. Never had the RO though. She pulled that crap on another one of her X's. I know because there are 3 of us and we have a little club. Don't ask.

    Best wishes.

    Hopefully this thing will pass.
    Don't hit at all if it is honorably possible to avoid hitting; but never hit soft!

    -- Theodore Roosevelt --

  11. #10
    Senior Member Array Shadowsbane's Avatar
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    See problem is that when women really are abused/raped ect ect they are often not believed at first because of people like this..

    Assuming you are telling the truth I am very sorry to hear this man. Divorce is bad enough, but to add Ugly in front just makes it that much worse.

    Ps. Not trying to say that I doubt you, its just I do not know you or your wife, and people can say anything online.
    Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.

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  12. #11
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    I have a ''thing'' here in PA about POA's - ''protection from abuse" orders.

    My gosh - seems folks can pull one of these outa the bag on a whim and it is not very often they get scrutinized by a judge ...... seemingly.

    Buddy of mine - his son was going thru hell with a divorce and his soon to be ex filed one - she said he had ''set the hot water thermostat high enough so she'd be scalded'' - it was of course pure horse pucky but - he was duly relieved of his guns for the duration.

    All now I think is back on an even keel but heck - it's scary!
    Chris - P95
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    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


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  13. #12
    Member Array northjdr's Avatar
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    Lawyer up

    Get a lawyer and fight it now. Laws very from state to state but generally restraining orders are civil and not criminal, but either may prevent you from being able to carry.

    Additionally, in many states, the court can issue initial orders without a hearing and without notice to you. Then you get your hearing 1 or 2 weeks later. It this hearing where you get to present your evidence and tell your story. You need to lawyer up and try to be successful at this hearing, because you if the judge rules against you at this hearing, your chances of having it overturned on appeal are slim. Has anyone else heard her say this? Have friends or co-workers heard her say this?Has she made false allegations of things in the past? Have people heard you threaten to move?
    Most judges are reasonable people. They know that allegations of this type are sometimes true and sometimes not as they are sometimes used as leverage in divorces.
    Additionally, many states have custody laws which would require that you get the court's blessing before moving the kids and yourself to another state even if you had custody.
    Bottom line, you basically get one bite at this apple so you need to defend this with your best efforts now. As I stated earlier, each state has it's own particular laws and procedures. This response should not be taken as and is not intended to be legal advice and is no substitute for a good lawyer in your state. Good luck.
    Last edited by northjdr; April 28th, 2007 at 12:07 AM. Reason: make more readable
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  14. #13
    Member Array northjdr's Avatar
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    I had one more thought. You may want to use caution in future posts to this or other foums. In other words, don't post anything you wouldn't mind showing a judge.
    Inches make champions. —Vince Lombardi




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  15. #14
    Distinguished Member Array BIG E's Avatar
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    We all keep yelling "get a lawyer", but let's be honest. Lawyers are expensive and if he is getting divorced then he probably has his funds tied up with one.

    Sounds like this is going to be messy and funds need to be reserved. Biggest thing is getting the kids straighted out and trying to keep as much of his nest egg as possible.

    Don't get me wrong. This is wrong and should be addressed, just don't start throwing your money out the window.


    Make some calls and find out what course of action you need to follow.

    In the end it is her word against yours.
    Don't hit at all if it is honorably possible to avoid hitting; but never hit soft!

    -- Theodore Roosevelt --

  16. #15
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    Well, somebody put the idea into your Ex Wifes head that you were going to take the kid and move to Alaska, chances are it was you.
    I have news for you.
    Neither one of you can steal the kid away from the other.
    They call that Kidnapping and yes, if one parent abducts a common child away from the other that is considered to be Kidnapping and it is a felony.
    She would either have to relinquish custody of the child or be legally declared an unfit Mother. You do not want to go down that road.

    Start by Google Searching these three words:

    Montana Divorce Mediator

    If you don't feel confident to select a mediator yourself then contact your church or your local state Representative and find out if any religious or civic organization offers free mediation services. Or get a recommendation for a good one that you can contact. Keep calling any place you can think of until you find someone willing to help you. Try calling the courthouse or your local magistrate. Somebody will be kind enough to point you in the right direction.

    I would contact a mediator first thing and then follow that advice to the letter.

    In the meantime I would have absolutely no contact with your "Ex" (as in none) & that would include the telephone.

    It's a shame that she did that because now you both are going to say bye-bye to all of your extra cash if you enter into a legal custody or court battle.

    That money that you're both going to be forking out in legal fees could be going into your kids college fund.

    My suggestion would be to hire a mediator that can act as a Neutral Party "Go Between" for you and your ex wife.

    Some of them are extremely good.

    That way you can arrange for her to lift the restraining order and both of you can start over on working out a way that both of you can at least communicate with each other regarding your child.

    A mediator can take all of the heated emotion out of the situation which will help you both to stop thinking about each other ~ and start thinking about what is in the best interest of the child that you both share equal responsibility for bringing into this world.

    The quicker that you both realize that even though you might be living under different roofs, you are still basically legally and morally handcuffed to each other through your child.

    Since nothing will change the reality that you share a child together...the sooner you both understand that ~ the better off things will be for your kid.

    Everything you both do and say - every argument - every fight and every hateful word back and forth will stick with that kid forever.

    Get a mediator to find out what it will take for both of you to get along just enough so as not to permanently damage your kid.

    A mediator sure is LOTS CHEAPER than a running court battle.

    Time for both parents to be bigger than themselves.
    As easily as you both could puff and blow out a candle is as easily as you could snuff every bit of childhood joy out of your kids life.
    You are both that powerful and you are both responsible to give your kid the best start in life possible.
    Even if it means you both have to eat a little $h1t.

    Your wife needs to realize that if she damages your ability to get a good job by faking a restraining order she directly damages your ability to pay child support for the kid. I'm sure that while you both may hate each other - you both love the kid.

    That is my advice. A smart parent would follow it.
    Last edited by QKShooter; April 28th, 2007 at 01:00 AM.
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