let me say from experience about protective orders
texas and new mexico
son was living in Albuquerque with his wife
we live in north east texas some 13 hrs away
he got served at work (military recruiter) he was no longer allowed to come home because she filed a DV case and was granted a protective order against him, me and my wife. why me and my wife you ask? beats me. it included a no contact to one of our granddaughters.
all three of us were on the order, which was wrong.
wife and i were never served EVER. we did go to court on the third re post of the original order some 2 months after the first one was issues
we, on advice of council who were wrong, were told we didnt have to abide by the order as we were never served and had not ever been to court in front of the special commissioner in santa rosa county new mex.
wife and i got pinched (violation of a protective order)by the coppers while at my sons apartment of which WE held the lease, (we paid for it and got him a place to stay once the lady threw him out via the protection order)...they told us it didnt matter and we were not allowed near my granddaughter whom was having her weekend visitation. never mind the PO had expired two days earlier...we just had not been to court or served at the time
well upon our springing from the jail, we were ordered to surrender ALL firearms......they were in texas sans one 380 my son held for us when we got pinched.
it traveled back with me at OH dark thirty the morning we were sprung. now in texas my firearms never left my house
my texas legal guy told us the NM lay and release had zero weight in texas.
it never stopped my chl renewal other than a copy from the court showing the charges were dropped because the PO was expired, and we never were afforded the right to answer the charges in court prior to the arrest. we did finally see the special commissioner after wards and it was a kangaroo event, took all of about 5 minutes for it to be dropped and thrown out
this being said
I never put anything past a clerk of the court getting a PO signed and sent out. our names were spelled wrong, our address was incorrect, my DOB was wrong on the PO but still i was held to eventually answer it.
military folks have federal protections against divorce, custody, foreclosure, garnishment etc while a member is DEPLOYED, he needs to go see the base legal folks.
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- by powerboatr
- Sun Oct 12, 2014 9:02 pm
- Forum: General Texas CHL Discussion
- Topic: Divorce, Protective Orders, and CHL
- Replies: 19
- Views: 4178
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