Question regarding restraining order

[ELB]

IANAL, but I think you need to talk to one.

This is the bit of advice you need to follow. It is a shame, but you cannot navigate the legal system without one. Even if she lies to the court, her lawyer, everyone else to get a legal action taken against you, and eventually gets found out and jailed and fined etc, you will in the meantime be saddled with the action, all its restrictions, and will have it follow you around the rest of your life even if you are innocent and get a judge to lift it. And if it happens, the lawyer can help you accurately figure out what it means to you. Get a lawyer now.

[kurt_cobain]

Thanks for the link wild bill.

In my opinion, she is abusing the spirit of what a protective order is about in for her personal agenda. I normally wouldn't care, except that she's doing this to strip me of my chl, which really hurts. Again I think it's INCREDIBLY stupid that the law will invalidate a chl because of someone filing some stupid order liked that - having or not having a chl would NEVER stop someone from "going off" on someone, anymore than having an "illegal silencer" would stop someone in the mob from doing a hit.

Ridiculous. Sigh.

[gregthehand]

I she trying to get a protective order or a restraining order? There is a big differance....

[kurt_cobain]

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.

Having said that, I think the policy is REALLY stupid to revoke CHL's based on some form anyone can pay a few bucks and fill out. taking someone's CHL WILL NOT stop them if they are intent on a rampage, we've learned that time and time again. "Ooops! I better not shoot my Ex wife, my CHL has expired! darn" Lol.

I did get a definitive answer, and I didn't have to contact a lawyer to get it. I called the offices in Austin and after talking to 3 different people got someone "in the know" and they said that if you have a restraining order, they get a copy of it eventually and notify you it's been revoked, typically for 2 years. WOW. Unbelievable.

[Charles L. Cotton]

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.

(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;

The federal Violence Against Women Act was reauthorized and language was added that should prevent an order dealing with language from being a problem. Note, even though "harassment" is prohibited conduct, the narrowing language requires certain finding with regard to physical violence.

(g) It shall be unlawful for any person—
. . .

• (8) who is subject to a court order that—
  (A) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;
  (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
  (C)
  • (i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or
    (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury;
  . . .

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

The VAWA is absurd and unconstitutional, but it's still the law today.

Chas.

[WildBill]

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.

[srothstein]

Kurt,

Do not voluntarily accept anything termed as a "protective order". Just to show how different they are, violation of a protective order is the only time in Texas that a police officer MUST arrest you. You can commit a murder right in front of the officer and the law allows discretion on the arrest, but if you violate the protective order in his presence or view, he shall arrest.

And, I have never seen a protective order that did not include locations and other wording. One of the problems with a protective order, especially for a person's gun rights, is that it presumes that there was family violence prior to the issuance. The Family Code even requires a finding that family violence has occurred and is likely to occur int he future before a judge can grant the order. If you accept the order, you have just stipulated to these facts.

A restraining order is a different animal entirely and can be asked for and granted for almost anything. It is also not enforceable by the police.