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Contesting A Restraining Order

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Hi all, sorry I haven't been on too much. I've been busy with school.

12 Jul, My wife and I were picking my younger brother up form his house. A verbal altercation between my mom and my wife ensued, and my mom reached into the car and started choking my wife. My wife defended herself by pushing my mom away, then driving off. A complaint was made before a magistrate who issues a warrant for my mom's arrest, as well as a protect order for my wife (my wife is receiving the protection).

My mom now wants to get a restraining order on my and my wife so that we may not have contact with my mom or my brother. No threats of violence have been made by us toward either of them, and my brother is quite upset.

I am also very concerned because my wife and I will have to surrender our CHPs if we are served a protection order. What can we do to combat this situation?

Thanks,
 

markand

Regular Member
Joined
Sep 29, 2006
Messages
512
Location
VA
Get a lawyer who knows domestic relations law and is gun friendly. The consequences of a restraining order are too great to rely on the free advice you get on the Internet, even an excellent site like OCDO.
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
get a lawyer who knows domestic relations law and is gun friendly. The consequences of a restraining order are too great to rely on the free advice you get on the internet, even an excellent site like ocdo.

+1

ccj
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
Is the RS sufficient enough on its own to have a CWP revoked? If a CWP is revoke, the citizens only recourse would simply be to open carry, correct?

Very interesting.

TIA

CCJ
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Is the RS sufficient enough on its own to have a CWP revoked? If a CWP is revoke, the citizens only recourse would simply be to open carry, correct?

Very interesting.

TIA

CCJ

I should have been more specific. The respondent may not own, possess, or transport firearms or ammunition. So yeah... :banghead:
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Is the RS sufficient enough on its own to have a CWP revoked? If a CWP is revoke, the citizens only recourse would simply be to open carry, correct?

Very interesting.

TIA

CCJ

Under Virginia law? Yes.

Esanders

TROs go before a judge for a full-on hearing of the merits. Get yourself an attorney.

Forget aout one who is 2A-friendly, or even knows what 2A means. Your wife needs an attorney who specializes in domestic relations. The meanest junkyard dog of a divorce lawyer you two can find.

You know, we know, and the judge will probably know that the restraining order is retaliatory, but the judge will not care because issuing it will C his A in case anything goes wrong. ("See. I did everything I could to prevent this senseless murder.")

Not that your wife is likely to kill your mother, but it's happened between other folks' wives and those other folks' mothers.

If a hearing is scheduled before you retain an attorney, suck up the restrictions and ask for a continuance. Your wife would have better luck defending herself against criminal charges than defending herself on domestic relations issues.

stay safe.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Under Virginia law? Yes.

Esanders

TROs go before a judge for a full-on hearing of the merits. Get yourself an attorney.

Forget aout one who is 2A-friendly, or even knows what 2A means. Your wife needs an attorney who specializes in domestic relations. The meanest junkyard dog of a divorce lawyer you two can find.

You know, we know, and the judge will probably know that the restraining order is retaliatory, but the judge will not care because issuing it will C his A in case anything goes wrong. ("See. I did everything I could to prevent this senseless murder.")

Not that your wife is likely to kill your mother, but it's happened between other folks' wives and those other folks' mothers.

If a hearing is scheduled before you retain an attorney, suck up the restrictions and ask for a continuance. Your wife would have better luck defending herself against criminal charges than defending herself on domestic relations issues.

stay safe.

I was afraid this was going to cost money... Does anyone know what an attorney might charge for this kind of service?
 

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,428
Location
northern wis
I was afraid this was going to cost money... Does anyone know what an attorney might charge for this kind of service?

One could easily spend thousands of dollars. Doesn't take long at 150 to 200 dollars and hour.

Besides getting an attorney it is time to cut off all contact with your mother your relationship with your brother might end up being an casualty until he turns 18.

Family disputes are nasty and can be very counter productive.

To protect your self and wife stay away from your mother.

Unfortunately there are times one has to write some family members off.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
I have no issue writing her off. My primary concern is our 2a rights. We don't exactly have thousands of dollars. We are expecting our first child, and have been sticking money away for that.
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
Check your phone book yellow pages for a listing of "Attorney referral service". You can usually find what you need, and the first consultation is normally free.
 

JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
From what I can make .. a judge may issue out all the restraining orders requested.

Those would be the "temporary" variety which can be issued WITHOUT YOUR HAVING ANY OPPORTUNITY TO PRESENT YOUR CASE/DEFENSE until after your rights have been obstructed until the following hearing where you get to present your evidence IF YOU ARE LUCKY!
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
The criminal complaint and subsequent arrest (she was arrested, like cuffed and stuffed, right?) should...should, indicate a retaliatory response and her petition should...should be rejected. Good luck.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
I have no issue writing her off. My primary concern is our 2a rights. We don't exactly have thousands of dollars. We are expecting our first child, and have been sticking money away for that.

Let's start at the beginning. Has your mom filed for a restraining order? (Your wife would know because the cops would come around and serve her with it.) If not, everything is speculation. Come back when you know for sure.

IF your mom applies for a restraining order -

You have stated your priorities, but seem to want to waffle and waver.

Not busting your chops about anything - just trying to help you focus. Doctors, hospitals and Babys-R-Us all do credit arrangements. Atorneys usually, for cases like this, want cash on the barrelhead. Se if you can get a fixed-price deal as opposed to an hourly rate.

It ought to be a slam-dunk for your attorney to swat down any restraining order she tries for. But what ought to be and what is sometimes are very different.

stay safe.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Shame on you skid... Babies R Us is an anti establishment ;) as far as the facts go, she has not been served an order yet, but my younger brother had seen documentation stating that an order has been issued. So we shall see. I received word that the orders will be dropped if my wife drops the charges.
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
Wowwie!!!

Shame on you skid... Babies R Us is an anti establishment ;) as far as the facts go, she has not been served an order yet, but my younger brother had seen documentation stating that an order has been issued. So we shall see. I received word that the orders will be dropped if my wife drops the charges.

Who,, or how did you manage to learn of this?
If that can be documented, it proves that she is just retaliating.
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Shame on you skid... Babies R Us is an anti establishment ;) as far as the facts go, she has not been served an order yet, but my younger brother had seen documentation stating that an order has been issued. So we shall see. I received word that the orders will be dropped if my wife drops the charges.

*hangs head in shame*

If the order has been issued it should (not legally - just "ought to") be served within 24 hours. Make sure you get the cop serving it to note the time & date served and initial that on her copy. (Yes, he's supposed to do that for the return of service copy but sometimes they wait till they are turning in the paperwork to fill out the form.)

Offering to "drop" the restraining order if your wife drops the charges is pure bluff. Better that she and your wife go in front of a judge and the person(s) you "received word" from tells that to the judge. Most judges do not take kindly to having to do all the paperwork for a temporary restraining order just to hear that the person who asked for it has changed their mind.

(talk with the person who told you your mom said she would withdraw the RO in return for the charges being dropped. See if they will voluntarily testify or not - and then get a supeona for them anyhow.)

stay safe.
 

Esanders2008

Regular Member
Joined
Aug 27, 2012
Messages
576
Location
Virginia Beach, VA
Thanks for the advice. I'm going to see how this pans out. If there is a 72 hour protective order (ERO?) does this automatically become a longer one or does there have to be a hearing?
 

Bob1

Regular Member
Joined
May 18, 2011
Messages
105
Location
Prince William County
What exactly was your role in this, Esanders? Were you sitting placidly in the passenger seat while your wife was being choked and forced to defend herself? Or is there more to this story regarding your involvement and why a TRO may well be issued in absentia?
 
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