ex parte order of protection dismissed against hcp holder

[Guest kwikrnu]

Edited May 9, 2008 by kwikrnu

[Marswolf]

Congratulations on the win.

I suspect a suit would be for principle only. I wouldn't count on collecting even if you win.

[Guest kwikrnu]

I've contacted an attorney and she said the judges would only allow the suit if she lied. Well, she lied, but can I prove it?

I just received a certified letter from dept. of safety a few minutes ago saying my permit is revoked. So, now I have something else to deal with.

Innocent until proven guilty my ass. I've did nothing wrong. The womans word alone caused the revokation of the permit and limited my rights. Up until he other day I was not allowed to defend myself.

Edited May 9, 2008 by kwikrnu

[Fallguy]

I think if you simply appeal their decision as you can under 39-17-1353 (looks like they enclosed the form to do that) and show them the order of dismissal of the Order of Protection they should reinstate without any problem.

Of course I know this is more time out of your life that there is no compensation for.....

Guess it's the back log why it took a month from the time the ex parte order was issued until the revocation letter...

I'm still somewhat amazed about how little it took to get an ex parte order of protection for a stalking by a stranger....

I am proponent of OC if that is what the person wants to do, but I have to wonder if it played a factor in this case, had she not claimed you were armed, would it have made a difference? Guess we'll never really know.

[Marswolf]

I've contacted an attorney and she said the judges would only allow the suit if she lied. Well, she lied, but can I prove it?

I just received a certified letter from dept. of safety a few minutes ago saying my permit is revoked. So, now I have something else to deal with.

Innocent until proven guilty my ass. I've did nothing wrong. The womans word alone caused the revokation of the permit and limited my rights. Up until he other day I was not allowed to defend myself.

You do know that those are public records and if anyone wants a copy (Not me, I don't give a sh ! t) they can get a copy, don't you?

That's why I don't try very hard to keep my identity unknown. I'm in the phone book. But then I'm prepared and not paranoid. I just want to keep my address off of spam lists if possible.

I strongly suggest you get the "sue" word out of your vocabulary and mental progress. Other folks won't trust you and sooner or later you will find someone who takes great offense to being sued. Do you already have a burial plan?

[Guest kwikrnu]

You do know that those are public records and if anyone wants a copy (Not me, I don't give a sh ! t) they can get a copy, don't you?

That's why I don't try very hard to keep my identity unknown. I'm in the phone book. But then I'm prepared and not paranoid. I just want to keep my address off of spam lists if possible.

I strongly suggest you get the "sue" word out of your vocabulary and mental progress. Other folks won't trust you and sooner or later you will find someone who takes great offense to being sued. Do you already have a burial plan?

Of course they are public documents. Hell, I have a handgun carry permit and the Tennesseean had a list of us up last month.

Do they have a burial plan?

[TripleDigitRide]

I've contacted an attorney and she said the judges would only allow the suit if she lied. Well, she lied, but can I prove it?

I just received a certified letter from dept. of safety a few minutes ago saying my permit is revoked. So, now I have something else to deal with.

Innocent until proven guilty my ass. I've did nothing wrong. The womans word alone caused the revokation of the permit and limited my rights. Up until he other day I was not allowed to defend myself.

Yep, that $100 (or so) was well worth all this.

I know, I know...You'd do it all over again.

[Guest kwikrnu]

I think if you simply appeal their decision as you can under 39-17-1353 (looks like they enclosed the form to do that) and show them the order of dismissal of the Order of Protection they should reinstate without any problem.

Of course I know this is more time out of your life that there is no compensation for.....

Guess it's the back log why it took a month from the time the ex parte order was issued until the revocation letter...

I'm still somewhat amazed about how little it took to get an ex parte order of protection for a stalking by a stranger....

I am proponent of OC if that is what the person wants to do, but I have to wonder if it played a factor in this case, had she not claimed you were armed, would it have made a difference? Guess we'll never really know.

I just spoke with a woman over there who may be able to look at it sooner than a few months down the road... I faxed her a copy and we'll see what happens.

I tell you anyone can go down to metro where they do the warrants and ask for the person who does orders of protection. They'll fill one out for you, you go in front of the magistrate and he'll approve or not. My guess is they seldom deny the petition. You can write whatever lies you want in the blanks. The petitioner is the one who is swearing that all of the information is true. Now, I do not doubt there are many times that these should be approved, but there should be more severe consequences than a lousey $174.50 for losing. They had my telephone #'s. Why didn't they just call me and I could have presented my side to the magistrate then and there.

I would imagine the gun played most of the role. Too many people fear guns. Even leos fear guns. If one wasn't legal why would you open carry?

Edited May 9, 2008 by kwikrnu

[Guest kwikrnu]

Yep, that $100 (or so) was well worth all this.

I know, I know...You'd do it all over again.

So you're driving home from work this evening and someone T bones you. Was it worth going to work?

[TripleDigitRide]

I just spoke with a woman over there who may be able to look at it sooner than a few months down the road... I faxed her a copy and we'll see what happens.

I tell you anyone can go down to metro where they do the warrants and ask for the person who does orders of protection. They'll fill one out for you, you go in front of the magistrate and he'll approve or not. My guess is they seldom deny the petition. You can write whatever lies you want in the blanks. The petitioner is the one who is swearing that all of the information is true. Now, I do not doubt there are many times that these should be approved, but there should be more severe consequences than a lousey $174.50 for losing. They had my telephone #'s. Why didn't they just call me and I could have presented my side to the magistrate then and there.

I would imagine the gun played most of the role. Too many people fear guns. Even leos fear guns. If one wasn't legal why would you open carry?

It's not only Orders of Protection that are easy to get. You can have an arrest warrant issued on someone just as easily, with no evidence. It's so simple, you can have one issued for someone you hardly even know, if at all.

And chances are, when they are found not guilty, you'll walk away without any troubles yourself. The court system has no time to punish someone for bringing false charges against someone else.

Edited May 9, 2008 by TripleDigitRide

[TripleDigitRide]

So you're driving home from work this evening and someone T bones you. Was it worth going to work?

Me driving home from work, and you being a complete moronic, Kojack wanna-be are not even close to being the same thing.

Face it, you used extremely poor judgement when dealing with this situation, and now you wanna come here to cry about the consequences.

Even though the OoP was tossed out, I would think you'll still need to have it expunged from your record, which costs time and money. I could be wrong about that, though. On top of that, even if it is expunged, I'm fairly sure it's always in the FBI records. Either way, I'd make sure I check into that.

[saintsfanbrian]

If one wasn't legal why would you open carry?

Because often the best way to not get caught doing something is to do it out in the open. Remember the best place to hide something is in plain sight.

I don't know how many times as a kid I smoked on school campus in front of God and everybody. No one ever said a word.

[Marswolf]

I just wonderer why you blacked out your identifying information. I'm in the phone book. I'm not afraid of being known.

Voldemort, my point is that you constantly bring up the specter of suing someone. Most folks don't trust people who either do or threaten that. That's the bottom line I think for a lot of us. We have little respect for people who make a habit or suing other folks.

We have the balls to take care of stuff ourselves, without having to wimp out and deal with people through the courts.

Folks don't generally like other folks who constantly sue or threaten to sue other people. And you have made it clear that suing other folks is standard procedure for you. You need to grow some balls, deal with stuff yourself, and quit wimping out.

And I would not advise suing me for giving you this advice. I can handle it.

[Guest kwikrnu]

I just wonderer why you blacked out your identifying information. I'm in the phone book. I'm not afraid of being known.

Voldemort, my point is that you constantly bring up the specter of suing someone. Most folks don't trust people who either do or threaten that. That's the bottom line I think for a lot of us. We have little respect for people who make a habit or suing other folks.

We have the balls to take care of stuff ourselves, without having to wimp out and deal with people through the courts.

Folks don't generally like other folks who constantly sue or threaten to sue other people. And you have made it clear that suing other folks is standard procedure for you. You need to grow some balls, deal with stuff yourself, and quit wimping out.

And I would not advise suing me for giving you this advice. I can handle it.

I blacked it out because it would require no effort to find out who I was if I didn't. My social and other info was on some of the forms.

I dealt with the matter in the only legal way possible. I deal with anyone who steals in the same manner. If you choose to deal with matters in other than legal ways that is your choice, I've too much to lose.

[TripleDigitRide]

I dealt with the matter in the only legal way possible. I deal with anyone who steals in the same manner. If you choose to deal with matters in other than legal ways that is your choice, I've too much to lose.

So not true!

You could have very easily taken them to small claims court. If you would have done this, and won, they would have also been liable for the court costs.

[Guest Disney]

I applaud kwkrnu for his efforts. Too many times scammers get away scott free. but this time they met resistance. Good for him!!!

[strickj]

Congrats on the win.

Just out of curiosity do you open carry with a badge?Just trying to figure out why you were pretending to be a cop as she said

[Guest kwikrnu]

Congrats on the win.

Just out of curiosity do you open carry with a badge?Just trying to figure out why you were pretending to be a cop as she said

Lies.

I knocked on her door told her who I was and when she told me to leave I did.

I have no reason to carry a badge. And she had pictures to prove I didn't have a badge...

[Guest kwikrnu]

So not true!

You could have very easily taken them to small claims court. If you would have done this, and won, they would have also been liable for the court costs.

This happened because I sued her business partner/lover in general sessions/small claims.

[TripleDigitRide]

This happened because I sued her business partner/lover.

WRONG!!

This happened, because you didn't bother thinking about what you were doing. You thought you'd be better off playing the roles of investigator, lawyer and cop.

You could have easily filed a claim in Small Claims Court, without ever stepping foot on their property.

[Guest kwikrnu]

I am legally entitled to search out the address of someone who ripped me off. I am legally entitled to knock on doors to find out if the adress is fake like the 3 before were. As soon as I have a good address I am entitled to file a lawsuit, which is what I did.

[TripleDigitRide]

I am legally entitled to search out the address of someone who ripped me off. I am legally entitled to knock on doors to find out if the adress is fake like the 3 before were. As soon as I have a good address I am entitled to file a lawsuit, which is what I did.

Legality isn't in question, but your chosen actions are. Is the way you chose the best way? Personally, I think not. A small claims suit would have served the purpose, and costed much less money and aggravation. Your HCP wouldn't have been revoked either.

[Guest Disney]

Legality isn't in question, but your chosen actions are. Is the way you chose the best way? Personally, I think not. A small claims suit would have served the purpose, and costed much less money and aggravation. Your HCP wouldn't have been revoked either.

Due to the shady nature of the people he is suing, a small claims would have done him no good as he did not have a legit address for the people to be served with. He did the investigative work that the courts would not have done by finding a good address to serve the plaintiff at.

[Fallguy]

Congrats on the win.

Just out of curiosity do you open carry with a badge?Just trying to figure out why you were pretending to be a cop as she said

Probably one of those people that think only LEOs are supposed to have guns....

[Guest kwikrnu]

Legality isn't in question, but your chosen actions are. Is the way you chose the best way? Personally, I think not. A small claims suit would have served the purpose, and costed much less money and aggravation. Your HCP wouldn't have been revoked either.

You keep saying a small claims suit would have served the purpose.

I did file a small claims suit. That is what a law suit in general sessions court is. Before you can file suit against someone you must have a good address so the sheriff can go out and serve the process. If the address is no good the Judge says until you get a good address and the defendant can come to court you're out of luck and the suit may not continue.

My handgun carry permit is revoked because a lady who I had never seen before whose business I called once or twice, emailed once or twice and went to her place of business once was able to lie and file a one sided order of protection against me the day after I filed a law suit on her friend. Coincidence?