Search found 6 matches

by WildBill
Tue Nov 11, 2008 3:21 pm
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 2965

Re: Question regarding restraining order

Charles L. Cotton wrote:
kurt_cobain wrote:
gregthehand wrote:I she trying to get a protective order or a restraining order? There is a big differance....
Protective order...

As it turns out, it's a protective order against calling her names lol. How silly... I dont' think my chl will be affected by it.
Don't agree to even that language. Tex. Gov't Code §411.172(a)(13) is a problem as it applies to any order that is not limited solely to protection of property.
The VAWA is absurd and unconstitutional, but it's still the law today.

Chas.
Kurt - Your "advice" from the person "in the know" is worth exactly what you paid for it. I understand your reluctance to hire a lawyer and pay legal fees, but it appears from your posts that your situation is beyond the stage where you need only advice.

If you don't listen to me, please listen to Charles Cotton. Charles is an attorney, but he is not your attorney. If you value your CHL and want to keep it, you need to hire a competent and knowledgeable attorney who will protect your interests. If you find a lawyer who tells you "don't worry about the protective order" find another one fast.

It will be much more costly to try to get your CHL back after it gets revoked than to prevent it from being revoked in the first place.

Good Luck. Your future is in your hands.
by WildBill
Wed Nov 05, 2008 5:40 pm
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 2965

Re: Question regarding restraining order

For some more background information, you may want to check out the website of the Attorney General of Texas.

http://www.oag.state.tx.us/victims/protective.shtml" onclick="window.open(this.href);return false;
by WildBill
Wed Nov 05, 2008 11:37 am
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 2965

Re: Question regarding restraining order

IANAL, but here is the law. I believe it can be revoked if you no longer meet the original criteria [except as noted in the law.] As far as not being married I believe that protective orders consider former spouses as family members.

As I stated in my first post, I believe that you should talk to a lawyer who is familar with these laws. This forum has a lot of knowledgable people, good information and resources, but it can not replace sound legal advice.
:tiphat:

GC Section 411.186. REVOCATION. (a) A license may be revoked under
this section if the license holder:
(I) was not entitled to the license at the time it was issued;
(2) gave false information on the application;
(3) subsequently becomes ineligible for a license under Section
411.172
, unless the sole basis for the ineligibility is that the license
holder is charged with the commission of a Class A or Class B misdemeanor
or an offense under Section 42.01, Penal Code, or of a felony
under an information or indictment;
(4) is convicted of an offense under Section 46.035, Penal Code; -
by WildBill
Tue Nov 04, 2008 5:37 pm
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 2965

Re: Question regarding restraining order

Purplehood wrote:My point is, is it going as far as a courtroom?
I hope not, but apparently Kurt thinks so.
kurt_cobain wrote:We've been divorced about 3 years, and we're going back to court.
by WildBill
Tue Nov 04, 2008 5:00 pm
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 2965

Re: Question regarding restraining order

Purplehood wrote:If things are simply as you state them then she is probably just blowing smoke...
Things that happen in a courtroom are rarely simple.
by WildBill
Tue Nov 04, 2008 4:56 pm
Forum: General Texas CHL Discussion
Topic: Question regarding restraining order
Replies: 21
Views: 2965

Re: Question regarding restraining order

There have been previous posts on this topic. When you have a complaint again you and don't respond and defend yourself the judge can rule against you. IANAL, but I think you need to talk to one.

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