Protection Order

[samot]

From the paper....

"The petitioner has shown, by a preponderance of the evidence, that domestic or family violence has occurred sufficient to justify the issuance of this order"......

B.S.

Sorry, but gameover dude !!
from my experiences the chick ALWAYS wins a PO,lawyer or not... Move your firearms to a trusted friends & serve the time. & dont get in trouble in the meantime
Good luck

 

[E5RANGER375]

WHAT FIREARMS????? did'nt you sell all of them already?? wink

i would never give the govt. SH** !!! i hear all the time of cases where they lose, misplace, destroy peoples legal guns. I cant tell you what to do, but sorry a piece of paper from a judge dont overide to me the foundation of my country. a judge can decree anything, but that doesnt make it right!

 

[E5RANGER375]

its realy sad in this country that someone can make false acusations against you in regards to a PO and the court will usualy 9 times of 10 find in favor of the one making the acusation even with no proof. where did our rights go in this tyrany? Judges have too much power!!! Can you ask for a trial by jury on a PO??? i would if i was in this situation

 

[IndyMonkey]

I like to purchase firearms from friends that need cash for lawyers. Then they can buy them back when ever they want them.

 

[pathfinder317]

WHAT FIREARMS????? did'nt you sell all of them already?? wink

i would never give the govt. SH** !!! i hear all the time of cases where they lose, misplace, destroy peoples legal guns. I cant tell you what to do, but sorry a piece of paper from a judge dont overide to me the foundation of my country. a judge can decree anything, but that doesnt make it right!

Remember Katrina ? those people down there still don't have those guns back , and how many of those guns grew legs and walked away ?
I like the other post too about buying guns from friends who need the money for a lawyer , and they can buy them back when they have the money, (been there before) .

 

[Joey]

Thanks everyone.....

Bryan Ciyou, 317-972-8000. Attorney in Indy & wrote the book, "Indiana Handgun Law".
Good luck.


My understanding is that it does apply to LEO's as well, too.

Talked to this guy ...$2,500 retainer fee WOW, May not have to use it he says.

Anyway guns are moved/moving....Thanks for all the advice !!!!

Great to have a place to come and ask "Friends"

 

[E5RANGER375]

good luck brother!

 

[Bubba]

Hell of a welcome to . Still, I hope that in the end the courts treat all parties in this mess fairly and in accordance with all the facts.

 

[public servant]

its realy sad in this country that someone can make false acusations against you in regards to a PO and the court will usualy 9 times of 10 find in favor of the one making the acusation even with no proof.

No offense to the OP...but you're making the assumption that the accusations are false. There are two sides to every story.

 

[pftraining_in]

At the bottom of the protection order there is a box marked "Brady Disqualified". If this box is marked, you can not possess firearms. If it is unmarked then you can keep them.

A conviction for domestic battery, stalking and other domestic charges do disqualify a person from possessing a firearm or destructive device. This includes the act of hunting with a firearm. If placed on probation further restrictions can be placed on you to include not only firearms but archery equipment also. Every court has their own rules for probation.

 

[evansvillethompsongunner]

FFS, LAWYER UP.

 

[St Elias]

Does apply to police officers?

Know a couple of LEOs who lost their firearms and their jobs

 

[public servant]

Know a couple of LEOs who lost their firearms and their jobs

Yep...law enforcement as well as members of the military can be "Lautenberged".

 

[Joey]

Gun are put away for now,But

At the bottom of the protection order there is a box marked "Brady Disqualified". If this box is marked, you can not possess firearms. If it is unmarked then you can keep them.

A conviction for domestic battery, stalking and other domestic charges do disqualify a person from possessing a firearm or destructive device. This includes the act of hunting with a firearm. If placed on probation further restrictions can be placed on you to include not only firearms but archery equipment also. Every court has their own rules for probation.

The Box is marked/checked "NO".....never notice that before !!!!

you have anymore input????

Thanks

 

[DoctorJ32174]

PO should designate where you are prohibited from carrying firearms.

 

[DoctorJ32174]

If in doubt, don't. Cops have no sense of humor.

 

[DoctorJ32174]

Might also want to consult with a local attorney and see if you can challenge the court's order.

 

[public servant]

The Box is marked/checked "NO".....never notice that before !!!!

you have anymore input????

Thanks

I'd call the prosecutor's office in the county that issued the order for clarification. If it turns out you can possess the firearms as of now...keep a copy of the order on you at all times.

 

[E5RANGER375]

No offense to the OP...but you're making the assumption that the accusations are false. There are two sides to every story.

No actually in this post i was not even referring to the OP. I was just stating the fact that anyone can screw you and get away with it. even if you didnt realy threaten them.

 

[pftraining_in]

Click the link below. This information is from 2006, but should give you quite a bit of information. The information is too large to cut and paste.

http://www.in.gov/judiciary/center/pubs/benchbooks/protection-order-deskbook.pdf

CHAPTER 10
FEDERAL AND STATE FIREARMS LAWS AND PROTECTION, NO
CONTACT, AND WORKPLACE VIOLENCE RESTRAINING
ORDERS
I. Indiana Law
A. Surrender of Weapons Under Indiana Law
“After a hearing, the court shall grant such relief as is necessary to bring
about cessation of the violence or the threat of violence. This may include
an order directing a respondent to surrender to a law enforcement officer
or agency all firearms, ammunition and deadly weapons in his control,
ownership or possession or in the control or possession of another person
on his behalf for the duration of the order unless another date is ordered by
the court.” See Ind. Code § 34-26-5-9(f).
B. Law Enforcement Officers
Ind. Code § 35-33-1-1.5 permits law enforcement officers to confiscate
and remove firearms, ammunition or a deadly weapon from the scene of a
crime involving domestic violence under certain circumstances.
C. Notice to Indiana State Police
This form must be used to give notice to the Indiana State Police of federal
firearm restrictions. See Ind. Code § 34-26-5-9 (d) (5).
USE FORM PO-114 Notice to Indiana State Police Re:
Firearms
BEST PRACTICE NOTE: The Committee urges Judges to meet with local law
enforcement agencies to develop written protocols for the court-ordered
confiscation or surrender of weapons and ammunition. The protocols should
include a discussion of storage, as well as rules for returning the weapons.
II. Federal Law
A. Brady Act Federal Firearms Disqualification
If an Order for Protection is enforced after notice and a hearing, and the
Petition is filed by or on behalf of the intimate partner or a child of the
Respondent, the Respondent is “Brady disqualified.” 18 USC § 922
(g)(8).