Divorce, Protective Orders, and CHL

[Bullitt]

Actually, the ex-parte could be enforced if the individual did not go to court on the date and failed to appear. If the person could not make the court date due to military service, the judge might be more inclined to grant a postponement until such time as the individual could travel. A lot would depend on his military status and if the judge felt there was no potential of the person being a threat to the persons listed in the order.

I would expect that to be true. The Respondent needs to respond when he is served with the ex-parte order and then appear for the hearing.

[Bullitt]

Then again, the judge might be equally inclined to think, He's military. He probably is dangerous. I'll grant the order. Depends on the judge.

That is a possibility as well.

The other thing to consider is that courts are accustomed now to "The Bag of Dirty Tricks" being that a lot of these protective orders are generated as a prelude to divorce. In other words, a false claim of abuse is taken out solely for the purpose of being used in custody hearings of a divorce. In a few cases of the military, the wife moves ahead of the husband back to her home state to get settled in early as she waits for her husband to transition out. She files the protective order while he is absent, which then prevents him from joining her, then she files for divorce. The 'ol double whammy.

My concern on the issue is regarding the 2nd, seizing guns with an ex-parte protective order. While it appears that TX won't do that with an out of state order, TX will do that with their own ex-parte orders. Again, due process is being denied the Respondent.

So what happens when the government just decides "ex-parte" that it's time to come and get your gun? Guess we just have to let them do what they want.

[Keith B]

Then again, the judge might be equally inclined to think, He's military. He probably is dangerous. I'll grant the order. Depends on the judge.

That is a possibility as well.

The other thing to consider is that courts are accustomed now to "The Bag of Dirty Tricks" being that a lot of these protective orders are generated as a prelude to divorce. In other words, a false claim of abuse is taken out solely for the purpose of being used in custody hearings of a divorce. In a few cases of the military, the wife moves ahead of the husband back to her home state to get settled in early as she waits for her husband to transition out. She files the protective order while he is absent, which then prevents him from joining her, then she files for divorce. The 'ol double whammy.

My concern on the issue is regarding the 2nd, seizing guns with an ex-parte protective order. While it appears that TX won't do that with an out of state order, TX will do that with their own ex-parte orders. Again, due process is being denied the Respondent.

So what happens when the government just decides "ex-parte" that it's time to come and get your gun? Guess we just have to let them do what they want.

They will do it with either. Unless the judge issues an emergency ex-parte, then the person has the right to plead their case before the order can be enforced.

Better read this FAQ http://www.tcfv.org/pdf/resource-center ... Broch2.pdf" onclick="window.open(this.href);return false;

[tbrown]

So what happens when the government just decides "ex-parte" that it's time to come and get your gun? Guess we just have to let them do what they want.

The founders knew what to do about thugs who tried to seize their guns. If some of us have forgotten, more's the pity.

[powerboatr]

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.