Posted: 12/20/2009 4:36:37 PM EDT
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I have been divorced almost 3 years. My wife told me on the 19th of Nov. my boys(5 and 13) no longer wanted to see me. This was the day i got out of the hospital for C-6 disc removal and fusion. She refused my visitation each time. When i was able to be fuctional again, I hired an Attorney and proceeded to file a modification of custody and child support. She then proceeded to serve me with a protection order stating that I threatened her and my children with a gun. Obviously she got the order. I have had to remove all of my weapons and ammo from my home. Will I ever be able to own a gun again? Experience welcome.
I forgot to add; I live in Georgia, she lives in tennessee. The hearing on the order will be in Tennessee. Thanks in advance for any help and advice. Ken |
Thanks man. At this point that is all i can hope for also. I just don't understand why she did what she did. She actually compared me to Sadam Husein in one text she sent. In between the time she filed the order and the time I was served, she violated her own order 43 times by texts.
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I have kept and printed out every text. I have also documented every turned down visitation. Good, thats what you need to show your lawyer and the Judge so you can establish the pattern she is exhibiting. She has taken it to the next level and you need to be as ruthless as you need to be up to and including trying to have her charged with filing false police reports and lying to a Judge. Get everything in order. |
One of the reasons she gave for needing the order besides the fact that I had many Assault rifles and a "converted M16"; was i had "boasted about killing a cop in Virginia when I was a minor"  I have no police record and joined the Army 5 months after High School!
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I have been divorced almost 3 years. My wife told me on the 19th of Nov. my boys(5 and 13) no longer wanted to see me. This was the day i got out of the hospital for C-6 disc removal and fusion. She refused my visitation each time. When i was able to be fuctional again, I hired an Attorney and proceeded to file a modification of custody and child support. She then proceeded to serve me with a protection order stating that I threatened her and my children with a gun. Obviously she got the order. I have had to remove all of my weapons and ammo from my home. Will I ever be able to own a gun again? Experience welcome. I forgot to add; I live in Georgia, she lives in tennessee. The hearing on the order will be in Tennessee. Thanks in advance for any help and advice. Ken No one's asked the obvious question...did you do it? Not trying to be a dick, but quite often very pertinent facts are left out of a story. |
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Hire the best damn lawyer you can find with experience in this area. Do NOT screw around, this isn't the time to cheap out. I hope you have been documenting everything with times and dates and who said what over the years. THIS TIMES A GAZILLION!!!!!!!! |
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If you haven't already, get an attorney. Also, you state that you have recieved several texts from her since the hearing. Have you reported these to the police? Here in Ohio, it used to be considered a criminal offense for the petitioner (victim/her) to contact the respondant (suspect/you), until a few of us from my department fucked that up, and the Ohio SC ruled that we couldn't do that anymore. Now, the victim can "violate" the protection order all they want, and not get into trouble. Not sure about your state, though it might be an idea to look into it. Even if it's not a violation, you should report any and all contact that is initiated by her, just to have it documented. The officers may not be able to file charges, but they should be able to do an incident report, to show that she has been contacting you (which shows that she must not be too awfull scared of you). You can also subpoena the officers into the hearing. Also, for when she does contact you, keep a recorder on you, to record it.
Good luck to you. This is nothing to fuck around with. |
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No one's asked the obvious question...did you do it? Not trying to be a dick, but quite often very pertinent facts are left out of a story. [/quote] Thanks to all who responed. To answer this question, No I did not do it. No offense taken though. I should have stated that earlier. |
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Hire an atty in TN , Wherever the judge will be .
I just went through a bunch of crap like this and connections mean something . You may want to try to get an atty who is experienced in BOTH civiel ie divorce cases AND criminal cases . If you are charged by the state espicaely . Good luck man and God Bless !! |
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My ex did the same to me and I spent a few hours in jail over it. This was before Lautenburg BS. I was exonerated because it was all BS. She went down and said I beat her. No evidence, no marks or witnesses. No, I didn't do it. I'm a cop now. Couldn't be if I did. Quit posting about it here, hire the best atty you can afford or not afford, and stop replying to her. Save her text msgs for evidence. Document it all. Give your gun stuff to a friend or family member and document it. Don't fuck around because guilt or innocence is not an issue here. It's about perception and whose story they believe best. |
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She never filed a police report. Never in the 12 years we were married. She filed a request for the protection order and received it based only on her own statements. The whole thing was hand written by her. Don't you love it? Guilt by accusal. 21st century justice. |
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...guilt or innocence is not an issue here. It's about perception and whose story they believe best.
A sad, sad truth here. 
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She never filed a police report. Never in the 12 years we were married. She filed a request for the protection order and received it based only on her own statements. The whole thing was hand written by her. Don't you love it? Guilt by accusal. 21st century justice. Guilty until proven innocent. 
My hopes and prayers go out to you man. |
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Consult a lawyer in your State and in TN. You need to fight the issuance of a temporary restraining order, protective order, or injunction. This will involve depositions, witnesses, character witnesses, written discovery, pre-trial motions, and a full evidentiary trial/hearing etc. Under no circumstances should you enter into a consent judgment. If a temporary restraining order, protective order, or injunction is rendered against you for allegations of domestic violence then you'll lose your Second Amendment Rights under 18 U.S.C. 922 (g)(8) and it will become a federal felony for you to possess ammunition or firearms. If the allegations are false, your attorney needs to pursue an ethics claim against the lawyer who filed the pleading since he failed to conduct a good faith investigation.
If such an order or judgment has already been rendered against you, then you need to divest yourself of all firearms and ammunition while you appeal. |
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It's not against the law for her to contact you, only for you to respond or contact her. However, you should make note of all those instances and show them to the judge when you go to your hearing. Just remember, ex parte is just that, a one sided order. Depends on the state law and how the order is written. For example in FL the orders state no contact will be made by BOTH PARTIES. |
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