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by Charles L. Cotton
Tue Jun 13, 2006 5:11 pm
Forum: General Gun, Shooting & Equipment Discussion
Topic: Restraining Order
Replies: 11
Views: 1395

If it was a divorce action, then the order is likely to be a Temporary Restraining Order (TRO) with an order to appear on a certain date for a hearing to determine whether a Temporary Injunction should be issued. The TRO and Temporary Injunction are easy to obtain. Protective Orders carry a higher burden of proof, though it's still not too hard to get between family members. These too are available on an emergency ex parte basis for a 20 day period, extendable by another 20 days on request, during which there has to be a hearing to determine if the Protective Order will be rescinded or transformed into a temporary order of a defined duration not to exceed 2 years.

A TRO, Temporary or Permanent Injunction and a Protective Order all trigger the Violence Against Women Act provisions making it a federal felony to possess a firearm, ammo, or reloading components. (IMO, the Violence Against Women Act should never have passed, should never have been re-authorized, and is blatantly unconstitutional for several reasons. Once again Cotton finds himself digging a foxhole! :leaving )

Regards,
Chas.

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