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by gigag04
Thu Nov 25, 2010 5:00 am
Forum: General Texas CHL Discussion
Topic: being served a restraining order with a CHL....
Replies: 35
Views: 7054

Re: being served a restraining order with a CHL....

No offense whatsoever - you have seen both sides and I just the one.

Agree with the above. To elaborate: cops can do nothing with a restraining order,
and HAVE to take action on a protective order.

Also, getting further off topic, I have taken plenty of calls where the woman gets mad and calls the cops and says "he put his hands on me." Truth is he did nothing of the sort. Some subcultures just use the police presence available at the press of 3 buttons as another arrow in the quiver during an argument.

Also, there are the ones that complain and cry and refuse to leave, but I'm out there every week mediating a verbal argument among drunks.

Drain. Of. Resources.




IIRC, if an Leo has PC, a warrantless arrest can made on a Pro Ord even if it occurred outside of the LEOs presence.



Sorry for typos, I'm on my phone.
by gigag04
Tue Nov 23, 2010 5:18 pm
Forum: General Texas CHL Discussion
Topic: being served a restraining order with a CHL....
Replies: 35
Views: 7054

Re: being served a restraining order with a CHL....

In my experience the respondents of a protective order merit little sympathy for any inconvenience they shoulder as a result of their actions.
by gigag04
Tue Nov 23, 2010 8:40 am
Forum: General Texas CHL Discussion
Topic: being served a restraining order with a CHL....
Replies: 35
Views: 7054

Re: being served a restraining order with a CHL....

Get protective orders out of your head...they only come in to play when someone has been arrested for assault family violence.
by gigag04
Mon Nov 22, 2010 6:47 pm
Forum: General Texas CHL Discussion
Topic: being served a restraining order with a CHL....
Replies: 35
Views: 7054

Re: being served a restraining order with a CHL....

DMG wrote:Crossfire: Actually, it is the other way around; the protective order generally says that you are prohibited from going within so mant feet from and individual, and the Restraining Order restrains (enjoins) you from committing violence, threatening violence, harassing, etc.
Not true information re protective orders.


An emergency protective order, issued when the judge reads the PC for the family violence arrest, usually. Then a permanent PO will be issued at a hearing at a later date. These can include wording barring the subject from the following:

Communicating directly with the protected persons

Committing family violence behavior

Going to residence, school, or work

Calling protected persons

Etc..


I have read POs that are 14 pages long in making a case against a respondent.
by gigag04
Mon Nov 22, 2010 4:12 pm
Forum: General Texas CHL Discussion
Topic: being served a restraining order with a CHL....
Replies: 35
Views: 7054

Re: being restraining order with a CHL

glock27 wrote:can i still buy guns? what about my CHL will it get susupended?

yes your reply helped thank you, wouldnt they have to prove that i violated something to even place one in the first place?
The burden of proof is much lower to get a restraining order because it is in civil court.

AFAIK a restraining order has zero bearing on a CHL, or purchasing guns, and will not show up in a person's CCH. It will also not be entered into TCIC/NCIC. Again, if it's a protective order, that's a different ball game.
by gigag04
Mon Nov 22, 2010 3:30 pm
Forum: General Texas CHL Discussion
Topic: being served a restraining order with a CHL....
Replies: 35
Views: 7054

Re: being restraining order with a CHL

Restraining orders a civil court issue. If you violate it you will not be arrest by responding officers...the requestor will have to take you back to court, and prove to the judge that you violated, and then he or she will find you in contempt of the order of the court.

However, if it is an emergency protective order, then you were arrested for Assault Violence, and your CHL, and gun rights are in jeopardy.

If you were not arrested, then you only have to concern yourself with a the restraining order. Hope this helps.

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