Looking for a little advice

[Guest Liberty Seeker]

Hypothetically, if a man and woman were married, and the wife bought some weapons to bring into the home, because the husband was unable to do so:screwy:, and the marriage fell apart, and the husband took the weapons and disposed of them, is there anything at all that she needs to be worried about legally?

Can anyone tell me the minimum grounds needed for a woman to successfully apply for an order of protection? I don't mean to be excessively vague here, but i don't want anything said here to come back and possibly be used against anyone either.

I appreciate any and all useful responses, I'm trying to keep myself from getting called out of the house and into a confrontation that is not likely to end well. I know several of the regular posters are quite knowledgeable on state law, and we have an attorney or two among us. I'm not looking for free legal representation, just seasoned opinions. Thanks for what ever you have to offer.

[Fallguy]

Hypothetically, if a man and woman were married, and the wife bought some weapons to bring into the home, because the husband was unable to do so:screwy:, and the marriage fell apart, and the husband took the weapons and disposed of them, is there anything at all that she needs to be worried about legally?

I don't really see anything she would have to be worried about. If the husband was not supposed to handle weapons and/or depending on he disposed of them he could be in trouble.

Can anyone tell me the minimum grounds needed for a woman to successfully apply for an order of protection? I don't mean to be excessively vague here, but i don't want anything said here to come back and possibly be used against anyone either.

AFAIK it really doesn't take much to get at least a Temporary Order of Protection. Just tell the jugde she is scared of him and why.

I appreciate any and all useful responses, I'm trying to keep myself from getting called out of the house and into a confrontation that is not likely to end well. I know several of the regular posters are quite knowledgeable on state law, and we have an attorney or two among us. I'm not looking for free legal representation, just seasoned opinions. Thanks for what ever you have to offer.

Be careful......

[Guest Liberty Seeker]

Thanks Fallguy, I didn't think there was anything she needed to worry about as far as the weapons, but I really wanted a second opinion of the same.

I've never known anyone who tried to get an order of protection, but told her I thought she had sufficient grounds.

That's why I was trying to get her to get an order of protection, so I don't get in the middle of it.

[DaveTN]

There are no minimum grounds for an order of protection. The judge hears what she has to say and issues the (temporary) order. I have never heard of one being denied.

But an order of protection only works if the person the order is against is worried about what will happen if he violates it. Some of the most vicious attacks I have seen have come from suspects immediately after having been served papers. So be careful; the cops will only be there after it’s over.

[EMTRN]

There are no minimum grounds for an order of protection. The judge hears what she has to say and issues the (temporary) order. I have never heard of one being denied.

But an order of protection only works if the person the order is against is worried about what will happen if he violates it. Some of the most vicious attacks I have seen have come from suspects immediately after having been served papers. So be careful; the cops will only be there after it’s over.

Good advice. The only thing I have to add is that the person that asked for the order of protection often violates it themself, when they decide that bubba has had a change of heart and can come back home.

[Guest canynracer]

If he isnt allowed to have firearms, I assume he is a felon? if so, tell her to call the cops on him cause he has a gun.

[GLOCKMEISTER]

I'm not getting into this in great detail...but... be very careful, this can get really sticky for everyone involved. 1st, whom is the primary aggressive person here?

What were the guns used for, if hunting does SHE possess a valid hunting license, or did she when the guns were purchased for that intent? Has she ever hunted? Were they simply purchased for target shooting and home defense? Has ANYONE ever seen him "using or possessing" the guns?

If he cant own or possess a gun, were the guns illegally (straw purchased) for him to use...

If he took the guns, and the above was the case...(they wernt his and he cant own them) then honestly didnt he steal them and may be in illegal possession of them?

???????????

If contacted the police and possibly ATF will be asking these same questions....

[Guest jwp]

If he can't have guns, and they are in the house it's a problem.

[DavidD]

If he can't have guns, and they are in the house it's a problem.

Long story but relevant so bear with me.

Several years ago before I moved we had some neighbors who decided to rent their house out since they couldn't sell it after being transferred. Nice girl moved in, a Nurse at a local Hospital. Then her scumbag boyfriend, a registered sex offender moved in with his dog. The nice old retired neighbors next door went over to introduce themselves and ask that they try to keep the dog quite as it barked 16 of 24 hours a day. Pervert didn't like it and told the old guy to "go and f**k himself". He then made it his mission in life to torment and harass the nice old neighbors. I mean just being a total jerk, revving engine, putting the barking dog out at all hours of the night, scaring the wife with glaring looks and jumping at her etc. That's when we found out about Perverts conviction. Anyway, the old guy bought one of those high pitched devices to stop the dog from barking and it worked great.... for two days until it was stolen off of a 8' tall 4x4 post right next to scumbags fence. Old guy had had it and quite frankly My neighbor and I were concerned what he might do as he was at his wits end. We had both spoken with our chief of police when we found out he was a Sex Offender and he said just keep an eye on him and let them know if we ever saw anything out of line but there was nothing he could do.

Well, the guy came home drunk (stumbling out of the car) the very next night after the barking device theft and his girlfriend was waiting for him. She was pissed that he drove up drunk and they started screaming at each other. It was a warm summer evening and my neighbor and I were hanging around outside enjoying adult beverages and saw him pull up and heard the screaming as their house was only 100 yards or so away. We both looked at each other and said "Sounds like a domestic dispute" and promptly called the PD. Turns out the old guy called as well. The Police showed up 10 minutes later but the "dispute" had already stopped. The responding officer informed them that a call had been made and wanted to take a look around inside the house and be sure everything was alright. They agreed. He left and both my buddy and I were disappointed that the scumbag wasn't hauled off. Then, the very next day, two patrol cars show up rather abruptly around 5:30 pm, 4 officers total jump out of the two cars and go to the door. Next thing I see is scumbag being hauled out of the house in cuffs. Yippee! When the Chief read the report from the night before, he noticed one sentence in the report that stood out:

"A .357 revolver was seen hanging on the bed post." Mr. scumbag was a felon. Bye Bye pervert:wave:

Edited March 2, 2009 by DavidD

[bubbiesdad]

Karma strikes again.