Restraining Orders

Discussion in 'General GWL Questions' started by Dawgdoc, Feb 13, 2018.

  1. Dawgdoc

    Dawgdoc Active Member

    1,366
    23
    38
    I will preface this to say that I have read the other threads about restraining orders, and I am still confused. I am posting these questions for a friend, so I will have to keep it general.

    A woman got involved with a man who was in the middle of a divorce and custody battle over two kids. She got pregnant and eventually married the man after the divorce was finalized. The ex-wife (who is apparently crazy) lied to the judge that the woman threatened her via Facebook and sought a restraining order to keep the new wife away from her and the kids. The judge (who has a history of being a terrible judge) ignored evidence to the contrary and granted the protection order. For almost a year, the woman would have to leave her own house whenever her husband's kids came to visit in order to comply with the order. Eventually, at the most recent hearing, the judge removed the order barring her from contact with the kids, but left in place an order barring both women from having contact with each other.

    So now the family can actually start bonding together as they should, but this woman has some type of restraining order against her. She wants to get her GWCL and potentially buy a gun in the future. Will this restraining order interfere with that?

    I don't know all the details; I don't even know what the restraining order is actually called. Also, this judge appears to be a real A-hole that hates her husband and is projecting a bias onto her because she got pregnant by him. During the various proceedings, the judge has done things and allowed the ex-wife's attorney to do things that have baffled the couple's attorney. However, their attorney(s) appear to be afraid to challenge the judge out of fear of affecting future cases and standing in the community.
     
    RunningDawg likes this.
  2. Phil1979

    Phil1979 Member Georgia Carry

    9,913
    158
    63
    Their attorney should man up (or woman up) and file a formal complaint of misconduct with a higher court or the ethics org that oversees the judge.

    Otherwise, the judicial abuse will just continue unchecked.
     
    TimBob likes this.

  3. TimBob

    TimBob Old, Slow, Boring Dude

    2,134
    46
    48
    Judicial abuse has contributed immensely to the erosion of our liberty and our constitution in this nation of ours.

    Yes, I know I have an amazing grasp of the obvious...
     
    Taurus92 and Phil1979 like this.
  4. UtiPossidetis

    UtiPossidetis American

    2,653
    150
    63
    Move or hire an outside attorney. Using GOOBER lawyers that value their "relationship" with the judge more than their clients rights is self-defeating.
     
    TimBob likes this.
  5. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,387
    394
    83
    I'd stay out of it. You do not know the whole story, and the "judge ignored the facts and evidence" when the evidence was plainly something electronically transmitted and thus discoverable is highly unlikely. The standard for such a restraining order is very high, not low. The more likely options are therefore: (1) your friends are not telling you the whole story, or (2) they did not have a lawyer and thus could not get evidence properly into the record, so there was no "evidence" from your friends for the judge to "ignore."

    Ranting hearsay between two women is not evidence.

    Again, I'd stay out of it. If you really can't help yourself to get personally involved with this familial drama, then the most I would do, in your shoes, is suggest they come up with the money to hire a lawyer and do this properly.

    There are many other things that just do not sound quite right about the story presented in your post. To set them forth all here would make this a very long post.

    A lawyer would review all of the pleadings in the case, figure out what sort of order is in place (temporary restraining order, protective order, domestic violence - unlikely here), if there even is one still in place, and then set about advising the woman on how she might get the order removed.

    All you are going to get here are persons complaining about "judicial abuse" when they haven't a clue what happened or why.

    My first advice, remember, is do not get involved. My alternative advice, in case you are a drama queen who just cannot resist, is to urge them to set aside the money to consult an attorney.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,387
    394
    83
    Having a "baffled" attorney is never good. Hire a different one.

    Afraid to challenge the judge? I do not even know what this might mean, exactly, or what they expect him to do to "challenge the judge," but a different attorney is called for in this instance as well. At least if a second attorney tells them the same as the first, they know they do not have a leg to stand on. If the second attorney sees a path to success, however, he will let them know, and then they can make an informed decision.
     
  7. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,387
    394
    83
    I do not do family law anymore (so I will not look at their issue, and this is not a solicitation).

    I have never been "baffled" by a judge. I have disagreed, but I always knew exactly why a judge did what he or she did. Sometimes those were overturned on appeal.

    Baffled? Never.

    As for "challenging the judge," this isn't a movie or television courtroom drama show. The attorney must know how to bring the right arguments without pissing off the judge. Making the judge angry is never a good thing and harms his client's case. If they expect an attorney who will yell at the judge like on TV or movies, then they are idiots.

    I spent time in a courtroom out of state arguing for my clients to be awarded their attorneys fees for over three years of work in litigation. While a good part of this is the judge's fault, for allowing frivolous procedural motions from the other side to complicate the case, do you think I would get all of my client's fees incurred if I argued that the judge was stupid and should not have permitted this procedural posturing to go on?

    Instead, I laid the blame entirely at the opposing counsel's feet for each and every motion filed and pointed to case law in that state holding that opposing counsel's actions are a factor in determining how much to award in attorneys fees. Then for each such action, I described the consequence to my client. Now, the judge, hearing this, is probably thinking, "Gee, if I had not permitted that, this simple case would not have become so complicated and expensive," and his guilt probably helped my client to receive all of its fees. Had I, however, "challenged the judge," as these people seem to expect, all aggressive demeanor and dramatic confrontation, I am quite sure the outcome would have been different.

    Get an attorney who knows what he is doing and listen to what he says. He does not have emotions invested. He can be objective.
     
    AtlPhilip likes this.
  8. Dawgdoc

    Dawgdoc Active Member

    1,366
    23
    38
    Well, OK then.

    I am not trying to be involved in their legal affairs , I was trying to help answer the question of whether a restraining order will result in the denial of a GWCL before she spends $80. She definitely doesn't have the money for more lawyers.

    I guess I provided unneeded background information and just derailed the intent of the question.
    So if a person has a TPO not related to domestic violence, will that affect a background check or GWCL application?
     
  9. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,387
    394
    83
    No, but I would not expect the judge necessarily to know that.