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Question About Temporary Protective Order

Gregory Bembry

New member
Joined
Apr 15, 2013
Messages
5
Location
CT
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:

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
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.
 

MKEgal

Regular Member
Joined
Jan 8, 2010
Messages
4,383
Location
in front of my computer, WI
Gregory Bembry said:
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.

Gregory Bembry said:
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.
 
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