Question regarding restraining order

[kurt_cobain]

The "eligibility requirements" read:

(13) is not currently restricted under a court protective order or
subject to a restraining order affecting the spousal relationship, other
than a restraining order solely affecting property interests;

Well, I hav ea problem.... I've had my CHL for over a year now, and I just started having problems with my ex-wife. We've been divorced about 3 years, and we're going back to court. She's trying to various things to me, but that's all irrelevant to this question. One of the things she's doing is trying to do apparently is to get my CHL revoked by filing a RIDICULOUS restraining order against me (I see this woman like 2x/week when we exchange the kids, and I call her like once per week, IF that).

So, of course my question is, can she have me stripped of my CHL by doing this? ANYONE can go down and file a restraining order against ANYONE, there are no requirements at all. That sucks. This is completely bogus; she's obviously only doing it because she wants my CHL stripped.

[dave_in_austin]

I believe that within a few days of the request for a restraining order, there is a hearing before a judge at you may appear and defend yourself against any accusations. If the judge does not think that the order is justified, he will vacate it.

[Pinkycatcher]

I believe that within a few days of the request for a restraining order, there is a hearing before a judge at you may appear and defend yourself against any accusations. If the judge does not think that the order is justified, he will vacate it.

A guy getting a restraining order lifted against him by an ex-wife? That's actually done?

[Purplehood]

I am speculating here, but I would suppose that she could not simply walk into a courtroom and ask for a restraining order without showing cause.

Police reports, hospital visits, or whatever she can point to and use as justification for the order.

If things are simply as you state them then she is probably just blowing smoke...

[WildBill]

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.

[Pinkycatcher]

I am speculating here, but I would suppose that she could not simply walk into a courtroom and ask for a restraining order without showing cause.

Police reports, hospital visits, or whatever she can point to and use as justification for the order.

If things are simply as you state them then she is probably just blowing smoke...

Restraining orders aren't terribly hard to get, especially for an ex-anything, ex-boss, wife, girlfriend, employee what not. Especially if it's a female against a male.

[WildBill]

If things are simply as you state them then she is probably just blowing smoke...

Things that happen in a courtroom are rarely simple.

[Purplehood]

My point is, is it going as far as a courtroom?

[WildBill]

My point is, is it going as far as a courtroom?

I hope not, but apparently Kurt thinks so.

We've been divorced about 3 years, and we're going back to court.

[stroo]

You need to talk to your lawyer or if you don't have one, you need to get one, fast!

[G.A. Heath]

As a fellow CHL holder I am going to operate on the assumption that she has no real grounds for such an order. With that said such an order has other, even more dire, consequences if I'm not mistaken. You loose the ability to buy firearms with it in place, you can not be in possession of your firearms while its in place, ect. Is it just the CHL she is targeting or is it all your firearms, why does she want this? Doesn't she realize that there are consequences for wasting the courts time with false accusations? If she is willing to do this to get at you is she willing to harm the kids to get at you? These are all questions you need to have answered.

[kurt_cobain]

Well I'm not confident I"ve gotten an accurate answer to my question.

There are two issues with the eligibility requirements that lead me to elieve that if she gets it on me that it will NOT revoke my CHL. One, she isn't my "spouse" anymore, we're not married. And 2, the language is talking about eligibility requiremnts and says you can't "currently have" etc. Well, I already HAVE my CHL, I'm not trying to apply for a new one.

I find it hard to believe that, as easy as it is to get a restraining order on ANYONE, that simply filing one on someone could have them ineligible for getting a CHL, firearm etc. I mean, basically that means I could go do that to someone I didn't like, just to F with them.

Also, I'd like to not focus on whether she can get the order, butmore on whether if she got it it would invalidate my CHL.

As for why she's doing this, the reason should be obvious.... she's tryin gto hurt me anyway she can, and she knows I have a CHL and that I am into guns as a hobby somewhat. Of course she claims she's "worried" that I carry it since we're fighting righ tnow - and that's absolutely absurd. I have no criminal background whatsoever (obviously - I have a CHL! Duh) etc. She's just stupid and trying to hurt me, any way she can.

As for claiming I'm harrasing her? LOL! I asked her to stop calling me the other day. I got two phone calls (that I ignored) and 3 text pages (underanswered ) LAST night. Doesn't sound like I'm doing any harassing here... geez.

[WildBill]

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.


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; -

[kurt_cobain]

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.


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; -

Well, 411.172 says this:

"(13) is not currently restricted under a court
protective order or subject to a restraining order affecting the
spousal relationship, other than a restraining order solely
affecting property interests;"

She is NOT my spouse. I'm predicting that this would not make me ineligible... I will find out soon, and post the result. If it does, that's a dumb law, to say the least, because that means any ex-wife can get your license revoked and mess with your life by doing this.

Not to mention that even the spirit of what it's trying to do is STUPID anyway, because if some ex-husband is going to go on a killing spree toward his ex-wife, he certainly is NOT going to care one bit if his CHl has been suspended.

Thanks

[WildBill]

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;