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Do you know how easy it is to get a restraining order and how it messes you up?

Discussion in 'Legal & Political Archive' started by Gunner3456, Jul 19, 2010.

  1. Gunner3456

    Gunner3456 Salem Well-Known Member

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    I just got out of court. I just got a restraining order dismissed against me, thank the Lord. It cost me almost $15k in attorneys fees though.

    Now, we all know about stalking orders and domestic violence orders, but I'd never heard of a restraining order for "Elder Financial Abuse." This was a bogus claim by a jealous relative over my 93 year old Dad's money and things - his living trust of which I am trustee.

    This restraining order accused me of withholding things from another family member when in fact they belong to a trust for Dad and it's my job to protect them.

    The judge cleared me, but a month ago when the order was served by a Sheriff's deputy at my house, he took my CHL on the spot and told me I couldn't have any guns at home. I've been living with that for a month. I just went and got my guns, and tomorrow I go to the Sheriff's office and get my CHL back.

    Be careful who you deal with and what you do. I just learned that a tomato can get a restraining order against a ham sandwich just by filling out some papers and stretching the truth a bit. It can be used as a weapon.

    Had I lost, I could have waited a few years and tried to get the record expunged and then tried to get another CHL. What a beotch. A restraining order is good for a year but the applicant can go back and ask to have it renewed.

    Just watch what you do if you want guns or a CHL. Anyone with a grudge can nail your butt and even if I'd lost, it still would have cost me $15k in attorney's fees.

    I think I'll go have a beer and relax. It's been a tough day, but at least I won.
     
  2. Father of four

    Father of four Portland, Oregon Well-Known Member

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    CRAP! Sounds like you just went threw it but with alot of money and luck you came out golden. Good for you!
     
  3. oregonshooter

    oregonshooter AMERICA Member

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    You contested the retraining order... then they took your guns... right?

    When I was working for Sheriff Winters they told me that was the only way they could take your guns away.

    Need to put a little more information out on this one I think.


    EDIT: My bad, your post reads poorly. The Deputy took your CHL not your guns. You got them back from another household is how I read your post the second time.
     
  4. Gunner3456

    Gunner3456 Salem Well-Known Member

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    That's correct. The deputy took my CHL when he served the restraining order, and told me I had to get rid of my guns from my house. I took them to a friend's house. Now I have them back and today I go get my CHL back.

    It's been a very lousy month, believe me because you never know what a judge will do - I could have lost for no good reason.
     
  5. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Thanks. "Golden" is "relative." It tore part of our family apart, probably forever. "The love of money is the root of all evil."

    When a female, crooked and greedy relative was visiting here last month she flew in and wanted to borrow Dad's cream puff, 10k miles 2003 Camry SE. I wouldn't let her because I knew it would disappear. I locked it in my garage. Sure enough, she took Dad who has dementia to his attorney and tried to get Dad to give her the car. The attorney told Dad he couldn't do that because it belongs to the trust and I'm the trustee.

    Dad would give anyone anything, and If I'd loaned the car, Dad would have been taken to DMV to sign the car over. Even though he didn't have that right, the car would be long gone and it would have cost more to get it back that it's worth. It would have been a civil, not a criminal action. What's that Camry worth - $10K, M/L?

    Edit: I should have added that Dad can't drive any more, so I didn't deprive him of his car.
     
  6. matt_w

    matt_w Hillsboro, OR Active Member

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    Glad you beat it...it would really suck if it stuck to you. Besides not being able to have guns, it also screws over most job oppurtunities.
     
  7. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    Can you sue for recovery of the dollars you spent defending the restraining order or would it just be like trying to get blood out of a turnip?
     
  8. Gunner3456

    Gunner3456 Salem Well-Known Member

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    I don't know, but I just want to be away from them and from the mess. The last thing I want is more courts and lawyers right now. There are also some people I never want to see again. I'll eat the 15 grand and go about my way, happy to be free.

    To answer more specifically, my lawyer wants to sue them for "wrongful use of civil proceedings" but I said no.
     
  9. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Sounds like it is time to bury some family members.
     
  10. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    That sucks. I tell myself I would sue their pants off, but then again I haven't been what you've been through. Glad to hear you are on the other side of it now. Go have a beer and burn some gunpowder.........in the reverse order of course. ;)
     
  11. gnarkill

    gnarkill Richland, WA Member

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    Thats pretty wild, thanks for the info I sure as heck didnt know this, sorry you had to go through it.

    I saw the same thing happen in my family as soon as my grandmother had a stroke and lost the ability to take care of her self. She did anything and everything for anyone that asked, and when she needed help the most, all her kids wanted to do was throw her in a home, sell everything she had, take the money and run.

    Money always brings out the true colors in people.
     
  12. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Don't give me any ideas. :D
     
  13. sprice37

    sprice37 Albany Oregon Active Member

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    All I can say from experience (read Ex-wife) is once you get through something like that the last thing you really want to do is go through evev more court proceedings.
     
  14. Karma

    Karma the woods in Oregon Active Member

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    That is b.s. I do not believe that the police have any right to tell you that you can't have guns in your house if you have not been CONVICTED of a crime. I am glad you made it through man.

    On a side note, my family went through something similar a few years back when my grandmother passed away. Money shows people true colors for sure.
     
  15. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Both the deputy and my lawyer told me I had to get all guns out of my house. They could be wrong, but who'd take that chance?
     
  16. Russianfist

    Russianfist Sweet home, Oregon Active Member

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    Sadly it cost you alot of money to defend yourself and I bet she is looking at another angle to get to you right now.
    You could sell the cream puff to recover some of the cash and you still lose but at least the cow didn't get the car.

    Also it is stadard issue in most case's of a restraining order to tell you to move your guns. If they really were worried about you using them on someone they would have taken then for safe keeping until things chilled and yes, they can do that.

    I am suprised that they took your CWP because really what difference would it make?

    Their's alot of "selfish cows" in the world and one day she will get hers.

    I hope the best for you and your dad.
     
  17. Gunner3456

    Gunner3456 Salem Well-Known Member

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    Yes, as trustee I could charge the trust for the legal fees for defending the assets of the trust, but Dad needs his money, even the money from the car. He's hardly wealthy.

    I'll eat it.
     
  18. Cougfan2

    Cougfan2 Hillsboro, OR Well-Known Member

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    Sounds like your Dad has a pretty darn good son! :thumbup:
     
  19. Karma

    Karma the woods in Oregon Active Member

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    That probably didn't read like I meant it to. I wasn't calling b.s. on you. I was just saying that it doesn't seem to me that the police should be able to dictate who has guns as long as they haven't been found guitly of a crime that disqualifies you from owning a gun. I don't believe in guilty until proven innocent. Sorry for the confusion.
     
  20. BrentN

    BrentN Kelso Active Member

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    I'd have a hard time scrounging up 15k, so I look at it a bit differently. I'd likely take the lawyer's advice and at least try to recoup the costs, but only the costs. The cow felt no repercussions from this false claim, and you got bent over. If there were a possibilty of dealing with this cow and the courts some time in the future, I'd worry about a judge asking me why I didn't at least try to get reimbursed for the costs of a bogus restraining order. Actually getting any blood from the turnip would be secondary.
    Just my .02. Best of luck, gunner.