Please Read, it could happen to you!!!!!!!!

Chris D,

I am so sorry for your problems with your ex. You will excuse me for saying so, but you are SCREWED. I wish you all the luck in the world. You basically have three options.

1. Move out of state, take your daughter and guns with you. Consider Alaska.

2. Stay where you are and fight this. You WILL LOSE, unfortunately, due to the makeup of the socialist family court. Their basic attitude is "the woman is right, the man is wrong". Throw a firearm into the mix on your side, and you ARE SCREWED, regardless of whether you are or are not a danger, regardless of whether you have an attorney or not, the socialist judge will screw you to the wall.

3. Give up as soon as they take your guns and your freedom as they send you to jail on the 'say so' of your ex-wife.

Good luck. I would personally pick #1. But you make your choices and live with the results. But, regardless of what you do, you are screwed.

[This message has been edited by Wallew (edited November 08, 2000).]
 
The facts sound very similar to those in the Emerson vs. US case in which the Clinton Justice Department argued there is no second amendment right to keep and bear arms. Unfortunately, as far as I know, the opinion was not released for publication. You should be able to find comments about the case in the most recent NRA magazines.

A few years ago I attended a domestic violence seminar in Tulsa, OK where the Florida domestic restraining order situation was discussed (I am a member of the OK bar)and advocated as a model for other states. As I recall,it had provisions similar to those you find yourself having to battle. I saw this as unfortunate handwriting on the wall and a disturbing trend. Most of the audience were social workers with a few left wing lawyers in attendance. My wife, who is a MD also attended. We left in total disgust after a couple of hours.

Were I you, I would ask for a continuance to obtain counsel. An ex parte domestic order should not be used to take your guns away from you absent an evidentiary hearing, in my opinion. However, in domestic court, usually lawyers bleat about "the best interests of the child" and that is the prevalent legal standard in most states. So, it is likely that the judge will rule it is in the best interests of the child(ren) for you not to have a gun.

Get a continuance and find a gun-sympathetic lawyer to represent you. Good luck.
 
Quickie update!!!!!!!!!!

Went to court sans lawyer. The judge (who incidentally divorced us) sent us to mediation. I was all prepared to ask for a continuance. But since it went to mediation I decided to play.......

Mediator must have been pro gun, Knew WAY to much not to have been and kept telling my ex NOTHING I was doing was illegal. And that since I have 50% legal custody I can do what I chose..... Whooo Hooooo.......

BUT!!!!!!!!!! Ya, saw that coming.

To make a long story short. If I had said no to her requests it was going back to the judge and she might have ruled in favor of my ex's request (for a temporary order until a trial where my ex would have gone to town to discredit me and maybe pull the restraining order bit on me etc.) Basically long drawn out fight and it would screw things for me even if I won ultimately. It would look bad when it came time to renew my LTC. Plus

So in the interest of looking like a good guy, not affecting my visits in the short term and saving lots of $$$$. i agreed not to carry while my daughter is with me. I can go back and ask to carry as this is NOT an order. Just me being considerate to mom.


My ex and I are back on speaking terms and this is now water under the bridge.

Frankly a lawyer would not have helped at this point. Had I not agreed my ex was willing to let the judge decide as she had nothing to loose and we'd be preparing for a trial. Not worth it IMHO

THANKS for all your advice and such!!!!!!

Chris D
 
Chris, I am very pleased for you. It takes a real man to make a compromise like that. The happiest day so far in my legal career was the day I finished my last divorce case years ago. I haven't practiced any family law for many years because the stress was almost too much on my own marriage. There was a distinct tendency for the parties to identify the other side's lawyer as the bad guy, and there were too many rancorous and downright dangerous situations. Mediation can be a wonderful process. Anything you can do to stay out of the courtroom unless you simply have to is good, because bad things can happen there. Good job, my man.
 
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