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Thread: Need help with Right to Bear Arms issue

  1. #1
    Join Date
    May 2011
    Posts
    4

    Default Need help with Right to Bear Arms issue

    So I just got back from deployment in Dec. While I was deployed I find out my wife who is a soldier was cheating with another soldier in her unit. She thinks I am going to give the evidence I have to her command which would effect her career. I have no intention of doing that. I just want a divorce and to be done with it. Well she did a preemptive strike. She has tried telling everyone I'm crazy from deployment. And went and got a restraining order. The judge granted it to her with no more then her word against mine. She accused of stalking her at her home in Washington when I was actually home on leave in Missouri. The judge didn't care to hear it. We were the last docket before he could take an early afternoon. He effectively took my right to bear arms with the restraining order. I cant possess a gun while its in effect. I have my cpl. And carried everyday until this. I have enough evidence to appeal but am a retard on all this legal stuff. Any help or support would be appreciated. It just irks me that he gave her the order with no evidence and ignored the fact that I actually caught them together, was armed at the time and left the area with no incident. Thanks in advance for any advice or input.





  2. Concealed Carry Giveaway
  3. #2
    Join Date
    Feb 2011
    Location
    Daytona Beach, Florida
    Posts
    53

    Default

    Go see a shrink and get an independent psych eval. and see a legal professional... Also
    talk to your chain of command... ** This is not meant to be legal advise I do not
    practice law or anything like it** It is Just an opinion...

  4. #3
    Join Date
    Jun 2011
    Posts
    116

    Default

    Get a divorce lawyer and maybe a criminal lawyer. The criminal lawyer would be for the stalking issue. The divorce lawyer might work with a criminal lawyer. If possible find one that deals with firearm law (those are usually criminal lawyers). I am not a lawyer and I dont play one on TV but the best thing you can do is to get a lawyer that knows how to make the arguements in court. Dont mess around.

  5. #4
    Join Date
    Dec 2011
    Location
    Inman, SC
    Posts
    275

    Default

    I will echo everyone else and recommend getting a lawyer.
    “The fundamental force behind the Second Amendment is to empower the people and give them the greatest measure of authority over the tyranny of runaway government.” U.S. Rep. Bob Schaffer, 2002

  6. #5
    Join Date
    Oct 2011
    Location
    Pennsylvania
    Posts
    979

    Default

    File a libel lawsuit against her and get a lawyer to remove the restraining order as it was apparently applied for and granted w/o burden of proof. You may be able to bring criminal charges against her for possibly lying to get the RO and unnecessarily infringing on your 2a rights. Just a thought. I am no lawyer either.


    Misuse of restraining orders is claimed to be widespread. Elaine Epstein, former president of the Massachusetts Bar Association, has remarked, “Everyone knows that restraining orders and orders to vacate are granted to virtually all who apply…In many cases, allegations of abuse are now used for tactical advantage.”

    A 1995 study conducted by the Massachusetts Trial Court that reviewed domestic restraining orders issued in the state found that less than half of the orders involved even an allegation of violence. Similarly a West Virginia study found eight out of 10 orders were unnecessary or false.[4] The low burden of proof for restraining orders has led to some high-profile cases involving stalkers of celebrities obtaining restraining orders against their targets. American TV host David Letterman had such a restraining order temporarily imposed upon him in 2005.

    Restraining order - Wikipedia, the free encyclopedia
    "Those who would trade liberty for security, deserves neither liberty nor security."
    "The original point and click interface was a Smith & Wesson".

  7. #6
    Join Date
    Mar 2011
    Location
    Washington
    Posts
    397

    Default

    Do not try to resolve this without hiring an attorney. The next steps you take can make precedent for how the rest of this ends up for you. Washington State is not pro-guy when it comes down to family issues, so hence the need to get a good strong attorney and counter sue and get your rights restored.

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