ex parte order of protection dismissed against hcp holder

[Guest kwikrnu]

Read the first 18 pages here.

A woman, who I had never seen in person ( I knew she had a fat face and was black), took out an ex parte order of protection against me for stalking in April in Davidson County. She lied to the magistrate to get the order. I was served by the Williamson County Sheriff, I actually went down to the sheriffs office and picked up the order. A pretty deputy explained the process to me. I looked up the law and yes, someone with an exparte order of protection can buy guns. I called the department of safety and they said my permit had not been suspended due to the order. I went to court this morning and my attorney who was pretty good if I may add, dealt with the crazy bitch. She showed the judge pictures of me with my gun in the holster. Oh no, man with a gun! The Judge dismissed it. The lady was yelling at me out in the hall way and the court security was called to get her out.

Just so everyone knows,

1. You are able to buy guns at a shop and pass a background check if you have an ex parte order against you.

2. Just because you have an ex parte order does not mean you cannot carry a handgun if you have a permit, unless that permit has been suspended.

[Guest sling]

The things people will do to people today to get attention...

Glad all that is off your shoulders!

[towerclimber37]

I'm happy you got an attorney! A courtroom is like a gun range and a lawyer is like your pistol...wouldn't do to go in there unarmed, since the targets shoot back

Read the first 18 pages here.

A woman, who I had never seen in person ( I knew she had a fat face and was black), took out an ex parte order of protection against me for stalking in April in Davidson County. She lied to the magistrate to get the order. I was served by the Williamson County Sheriff, I actually went down to the sheriffs office and picked up the order. A pretty deputy explained the process to me. I looked up the law and yes, someone with an exparte order of protection can buy guns. I called the department of safety and they said my permit had not been suspended due to the order. I went to court this morning and my attorney who was pretty good if I may add, dealt with the crazy bitch. She showed the judge pictures of me with my gun in the holster. Oh no, man with a gun! The Judge dismissed it. The lady was yelling at me out in the hall way and the court security was called to get her out.

Just so everyone knows,

1. You are able to buy guns at a shop and pass a background check if you have an ex parte order against you.

2. Just because you have an ex parte order does not mean you cannot carry a handgun if you have a permit, unless that permit has been suspended.

[Guest kwikrnu]

It was clear the woman was nut job. I probably could have done the job, but since I may sue the woman to recover costs, and wanted to make sure I retained my rights to buy guns and carry a gun I wanted to make it 100% sure instead of 80%.

[towerclimber37]

It was clear the woman was nut job. I probably could have done the job, but since I may sue the woman to recover costs, and wanted to make sure I retained my rights to buy guns and carry a gun I wanted to make it 100% sure instead of 80%.

In this instance I WOULD sue the lady, if only to teach her a lesson. the money would not be an issue. the idea that it will cost her money, should she use the law to harass an armed citizen, would be my objective.

then again, I don't hang around these nutjobs normally..so I've never been in your shoes.

[TGO David]

It was clear the woman was nut job. I probably could have done the job, but since I may sue the woman to recover costs, and wanted to make sure I retained my rights to buy guns and carry a gun I wanted to make it 100% sure instead of 80%.

This is a very wise attitude. I'm glad that you had it and went into battle with a lawyer in hand. Congratulations on the win.

[Guest kwikrnu]

I gave you guys the day and time and court room, but there was no cheering section.

To celebrate I even went to the rabbi to look at that .44 magnum but his shop didn't open until 11am. Not that I need another gun, especially in a big caliber that my wife may have trouble shooting.

[TGO David]

To celebrate I even went to the rabbi to look at that .44 magnum but his shop didn't open until 11am.

He does circumcisions in the 'Hood until 10:30am. You could have caught him there.

[Fallguy]

Glad it worked out for ya....

Out of curiosity, was it the same judge that issued the ex parte order in the first place?

I've always thought a person had to show pretty good cause to get an ex parte order of protection issued. Usually both people have to appear before and order of protection is issued, a judge an issue one ex parte if the other party can't be found, doesn't show up or the one can show good cause at that moment.

Just curious as to why the original judge found sufficient cause to issue one ex parte in the first place.

Edited May 7, 2008 by Fallguy

[Guest kwikrnu]

Glad it worked out for ya....

Out of curiosity, was it the same judge that issued the ex parte order in the first place?

I've always thought a person had to show pretty good cause to get an ex parte order of protection issued. Usually both people have to appear before and order of protection is issued, a judge an issue one ex parte if the other party can't be found, doesn't show up or the one can show good cause at that moment.

Just curious as to why the original judge found sufficient cause to issue one ex parte in the first place.

I was told the magistrates just issue them to anyone with a reason that sounds good enough. Ex Parte I think means missing one person. The "real" order of protection would be issued by a real judge where the defendant is present to defend himself and has to take place within 15 days of the date of service of the ex parte order. The whole point of the emergency ex parte order of protection is to protect the victim of an abusive situation, but it is misused a lot especially in divorce cases to get one party out of the house or in my case where I didn't even know the person and they lied about what happened.

This case was supposed to be heard by Judge Robinson, but instead was heard by a special judge because Robinson wasn't there today. There are three Judges in General Session in Davidson County who hear the order of protection cases because they have special training or something. They are only heard a few days a week and always at 8:30 am.

[TGO David]

From what I've heard, you are extremely fortunate that Judge Robinson was not present. She reportedly is very hard-nosed and doesn't favor the males who appear before her as much as she does the females. Take that for what it's worth; it may be utter crap but I've heard it from at least three different sources.

[Fallguy]

Yes, ex parte, means at least one person (party) wasn't present. Yes a hearing is required before a regular Order of Protection can be issued. You are right about the basic reason emergency ex parte orders should be issued and your case didn't seem to quite meet that standard, that is why I was curious.

From what Tungsten said, maybe it was Judge Robinson that issued the ex parte order.

But all in the past now anyway.

[poak]

He does circumcisions in the 'Hood until 10:30am. You could have caught him there.

Something about "circumcisions" and "hood" in the same sentence gave that joke something a little more!

[Guest kwikrnu]

Yes, ex parte, means at least one person (party) wasn't present. Yes a hearing is required before a regular Order of Protection can be issued. You are right about the basic reason emergency ex parte orders should be issued and your case didn't seem to quite meet that standard, that is why I was curious.

From what Tungsten said, maybe it was Judge Robinson that issued the ex parte order.

But all in the past now anyway.

I made sure the lawyer I got knew Judge Robinson. The magistrate who signed the order was Howard M. Taradash.

Here is some information about orders of protection.

Here is some info about magistrates or judicial commisioners

The good part is she now owes the court $174.50 :lmao:

Edited May 7, 2008 by kwikrnu

[Guest kwikrnu]

The sad part is that these orders used to be for domestic violence. Now since 2005 anyone can get an ex parte order against anyone saying they are being stalked. It used to be you had to get an attorney and go through the court like anything else.

Edited May 7, 2008 by kwikrnu

[saintsfanbrian]

You definitely should sue her for your lawyer fees. Maybe you could get on Judge Judy and the judge can eat her for lunch.

[strickj]

He does circumcisions in the 'Hood until 10:30am. You could have caught him there.

Yeah,but the homies arent asking for the circumcisions

[Guest eyebedam]

From what I've heard, you are extremely fortunate that Judge Robinson was not present. She reportedly is very hard-nosed and doesn't favor the males who appear before her as much as she does the females. Take that for what it's worth; it may be utter crap but I've heard it from at least three different sources.

It will def be a good day for men when she retires. She seems to take the womans side 99.9% of the time whether its the right decesion or not.

[Guest jackdog]

First and foremost, congrats on the win.

Second glad you got a legal begal

3Rd I would sue her for your costs.

[Guest dotsun]

Yeah,but the homies arent asking for the circumcisions

Yeah they were axin for esstended clips.

[DMark]

..... She showed the judge pictures of me with my gun in the holster......

How did she get these pictures?

[Fallguy]

Probably with a camera when he was at her door.

[Guest kwikrnu]

Probably with a camera when he was at her door.

No, she never opened the door and I was only at the door for a few seconds anyway. She took them when I parked my car across the street and took pictures of her house and while I spoke with her neighbor for several minutes. :Voldemort: As she said in the petition for the order, "I secretly took photos..."

Edited May 8, 2008 by kwikrnu

[Guest Boomhower]

You definitely should sue her for your lawyer fees. Maybe you could get on Judge Judy and the judge can eat her for lunch.

yeah right. JJ would have a field day with this case. Lunch with this ridiculous ex parte, and then dinner with Kwik's infinite wisdom and courtesy attitude.

[Guest kwikrnu]

Edited May 9, 2008 by kwikrnu