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

[gigag04]

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.

[gigag04]

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.

[Crossfire]

Restraining orders are not the same as protective orders. A restraining order says you have to stay so many feet away from a property. A protective order says you are prohibited from "stalking, threatening, or harassing" a person.

Restraining orders do not affect your CHL or your ability to purchase firearms. Protective orders do.

And no, you do not need to have any evidence to get a judge to issue a restraining order.

[WildBill]

will i lose my CHL? my ex g/f decided to put a retraining order on me because my wife and her got into a verbal argument. this is what i heard through the grapevine(the part about the restraining order).

IANAL, but I am curious as how you could have a restraining order filed against you for something that your wife allegedly did.

[WildBill]

exactly nothing is filed yet and i/we have not been "served" i am just worried about my CHL. i take a lot of pride in carrying a weapon, and to take it away because of a rediculous mutual argument between them is rediculous. im just playing worst case scenario i hope i dont get served but i have been told "thru the grapevine" that it will happen.
stories twist thru the grapevine so hopefully everything blows over and nothing happens. just worried about my CHL. it makes me feel more AMERICAN and without that i just feel plain violated

Did "you" or "we" have the "rediculous argument" with your ex-girlfriend?

[DMG]

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. A Temporary Restraining Order can be issued without the Judge hearing evidence, and is only good for a limited period of time (14 days), and does not affect your CHL, but it can be made into a Temporary Injunction after a hearing has been held, and that (and the Protective Order) can definitely affect your CHL.

[Hoi Polloi]

There are different levels of protection that can be afforded a victim and those different levels have different requirements for proof, for notice, and for length.

A temporary ex parte restraining order would not require you to be notified or much evidence, but it would only last about 2 weeks. If the ex-gf filed a false report in order to get the restraining order, she could be held responsible for false statements, perjury, etc. That would likely go through a city court. A bigger request with more serious complaints would go through a county court and you would be notified and would have an opportunity to present counter evidence before the judge ruled on it. The burden for a restraining order would still be pretty low. All the judge would need to see is that you have a contentious relationship with explosive topics and that it is likely to happen again. If you're saying that you, your wife, and your ex-gf got into an altercation then I wouldn't be surprised if a judge thought it wise to keep you away from each other for a while.

If there was anything that even looked like assault or domestic violence, she could potentially get a temporary or permanent protective order. In that scenario, the judge could put all sorts of restrictions on you. Most judges do not do this lightly or frivolously. It could be as simple as not going within 50ft of her house or as large as freezing assets if there's a dispute over them, restricting you from calling or writing her, restricting you from going within 500yds of her or her house or her work, and if you have children it could include visitation schedules (even changing the schedule you currently have), restrict you from communicating with the children at certain times or in certain ways, restrict you from their school or daycare, and more. A permanent protective order, the worst case scenario, would last 2 years.

It's in your best interest that you and your wife de-escalate any situation with the ex-gf and as much as possible avoid all contact. If you are scared of her and her father's crazy antics, a restraining order would be a possible solution for you, too. It would open you up to the same being filed against you, but if you and your wife are above board and being harassed then there are options other than continuing to take it or handling it yourselves. You could ask the judge to restrict her from communicating with you or coming to your house if a restraining order against her would be reasonable.

[Charles L. Cotton]

If something really is filed, then get a lawyer and fight it. At best, your CHL will be suspended for the duration of the order.

Chas.

[gigag04]

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.

[DMG]

I did not make myself as clear as I should have; the protective order, as well as prohibiting someone from going within so many feet of another individual, can also, and usually does, prohibit other conduct, such as threatening, harassing, etc. My point was that the Temporary Restraining Order does not prohibit coming within so much of a distance of someone.