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Thread: Question About Temporary Protective Order

  1. #1
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    Question About Temporary Protective Order

    I am not sure what " Nothing in this section shall require the erasure of any information contained in the registry of protective orders established pursuant to section 51-5" means under Sec. 46b-146-G


    Thanks
    Last edited by Gregory Bembry; 04-20-2013 at 12:27 PM.

  2. #2
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    IANAL. Do not take anything I say as legal advice.

    I know of no adverse action for someone answering "no" and then being denied because the answer should have been "yes"--other than the denial of the firearm transfer, which is going to happen anyway (without the NICS check being done) if you answer "yes."

    Answer the question "to the best of your knowledge." If, as far a you know, the TPO was a holding measure while the details are sorted out and that, there being no basis, no real PO was put in place, then honestly answer the question according to your knowledge. If you are denied, you can appeal by contacting the FBI, and find out why you were denied. If you were denied because of a TPO that turned out to have no basis in fact, then I'd retain a lawyer, for two reasons: (1) to get the denial overturned and prevented in the future and (2) to sue the b**** who got a baseless TPO against you out of spite. You'll be able to prove that you were damaged by her actions, making her liable (if the statute of limitations on her actions has not run out).

    Anyway, this should give you a few things to discuss with your lawyer should you get denied. He'll be able to give you legal advice. I can't.

    Of course, all of this is assuming that the TPO was baseless. Some TPOs with a solid foundation still never become POs. If there was a basis for the TPO, forget I said anything.

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    Regular Member 1245A Defender's Avatar
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    Well,,,

    I agree,,, Eye95 is not a lawyer.BUT his advice is very good.I turns out that saying the truth, and looking wrong , instead of a LIE, and looking like a LIER!, will be better for you overall!
    EMNofSeattle wrote: Your idea of freedom terrifies me. So you are actually right. I am perfectly happy with what you call tyranny.....

    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

    All power is inherent in the people,
    it is their right and duty to be at all times ARMED!

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    Question About Temporary Protective Order

    This would not be the only bit of silliness in federal gun law.


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  5. #5
    Regular Member MKEgal's Avatar
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    Quote Originally Posted by Gregory Bembry
    I had a domestic in which a temporary protective order was issued back in 1996, but my record was eventually expunged after ARD. Does this line mean that even though my criminal record was expunged the TPO is still on file?
    The way I understand the system, if a record was expunged it's as though it never existed, so you could truthfully answer 'no'.
    But checking with a lawyer or the court is a good idea.

    Quote Originally Posted by Gregory Bembry
    Just seems a bit ridiculous that a TPO 17 years ago could be a basis for denial with no criminal record at all.
    There are people who were convicted of misdemeanors decades ago, have lived a clean life since, yet because of recent changes in the law they're still prohibited (until & unless they can get a pardon or expungement).
    Retroactive lifelong punishment. I don't know of any other law change which allows it.
    Quote Originally Posted by MLK, Jr
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    Quote Originally Posted by Proverbs 27:12
    A prudent person foresees the danger ahead and takes precautions.
    The simpleton goes blindly on and suffers the consequences.
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