Posted: 1/29/2014 6:24:14 PM EDT
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Be careful that you don't marry, move in with or get a vindictive woman pregnant. She can easily take away your second amendment rights. Anyone can get an order on nothing more than their word. You become a prohibited possessor if you are served an order of protection with the box marked that says you must turn over all your guns to the police within a certain time. Obviously, you would want to appeal the order within the 10 days.
Here is the scary part. If you are served an order of protection with the gun box unchecked and you contest this order you risk being stripped of your rights anyways. If you fight this order and it is amended or upheld you automatically become a prohibited possessor. They figure you are to dangerous to have a gun any longer because you might be mad about losing the appeal. This is because of federal law. |
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You'll get served with a Temporary Emergency OoP first. If she can convince the judge to issue one. After that, you must request a hearing on the order. The hearing should take place within ten days of the request. Each side can present evidence to the judge about if the order should be enforced (they last for one year) You can hire an attorney to represent you at this hearing, and you should. If the Order is upheld, you do have the option of appealing the decision. PS: when you get served, do not call her up and ask why. That is a crime (lost count how many times I've seen that) If she tries to contact you or invites you over, do not go. The order is still in place no regardless. Even if she invites you. Only a judge can dismiss an order NOTE: This is not legal advice. For that you have to call.  |
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I've only given one never received.
Sucks because she was so hot too. She just wanted to be with me all the time; at home, at work, blowing up my cell, faking a pregnancy. I never had to worry about being alone. It wasn't until after I sent her the oop that I realized it takes away your gun rights also. By that point I needed some quiet though. |
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Quoted:
Be careful that you don't marry, move in with or get a vindictive woman pregnant. She can easily take away your second amendment rights. Anyone can get an order on nothing more than their word. You become a prohibited possessor if you are served an order of protection with the box marked that says you must turn over all your guns to the police within a certain time. Obviously, you would want to appeal the order within the 10 days. Here is the scary part. If you are served an order of protection with the gun box unchecked and you contest this order you risk being stripped of your rights anyways. If you fight this order and it is amended or upheld you automatically become a prohibited possessor. They figure you are to dangerous to have a gun any longer because you might be mad about losing the appeal. This is because of federal law. Thanks for brightening up my morning! Not! All in all good information to know. Thanks ar15417G and JLH3. Victor, you ROCK! |
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I love how people say how easy it is to get a restraining order on someone...  Not sure about restraining order but an injunction prohibiting harassment (the correct term) you can pretty much write yourself. No evidence necessary. http://www.superiorcourt.maricopa.gov/superiorcourt/protectiveordercenter/iah.asp |
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I love how people say how easy it is to get a restraining order on someone... It's MUCH easier then it should be..... Given the fact that it deprives you of a civil right, I am of the opinion that the bar is set pretty low.....while they can be defeated at the hearing, it is an uphill battle. |
| The most common error for the person obtaining the order (especially significant others) is they don't realize it's an order for them, too. If she does try to contact you in any way, document and ignore it. If she does it enough, it's an argument to get it removed sooner than the year. |
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Hello TechGal,
Considering what an order of protection does to the defendant, I believe it is way too easy to have one issued. In Arizona, the legal burden of proof necessary to get an order is reasonable cause. This is less than a preponderance of the evidence(civil proceedings) or probable cause(needed to make an arrest). It is the same degree of proof needed for a traffic stop by police. No offense if you have had to get one on somebody. Sometimes they are necessary, but generally, they are abused. I've read many of the petitions by plaintiffs and more often than not the chief complaint is that the defendant is just being a big meanie. They are usually used as tools for revenge and getting even by kicking a man out of his house and taking away his guns. |
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Quoted:
Be careful that you don't marry, move in with or get a vindictive woman pregnant. She can easily take away your second amendment rights. Anyone can get an order on nothing more than their word. You become a prohibited possessor if you are served an order of protection with the box marked that says you must turn over all your guns to the police within a certain time. Obviously, you would want to appeal the order within the 10 days. Here is the scary part. If you are served an order of protection with the gun box unchecked and you contest this order you risk being stripped of your rights anyways. If you fight this order and it is amended or upheld you automatically become a prohibited possessor. They figure you are to dangerous to have a gun any longer because you might be mad about losing the appeal. This is because of federal law. Is it too early to "Dibs on Guns" ? 
Seriously, transfer all your guns to your best friend, or brother, or dad. (OR ME) NOT LEGAL ADVICE. |