Firearms & Restraining Orders (in Oregon)

[Member 5605]

I do not believe that ownership is the issue under this law. It is possession. If you have access to firearms and have control over whatever location they are stored in, then that is a violation of the law. Whether the gun are in your name or in a trust is irrelevant.

See my previous post, though. A key issue in your case is whether this woman has "intimate" status in the eyes of the law. If she does, then you could potentially be in trouble. But you would need a good lawyer to address that question.

An innocent man should not have to flee to another state, in order to be able to escape on-going persecution from a crazy and vindictive ex. If she can get away with this now, then she could continue to do this to you forever.
.

Regarding possession:
Wife is changing codes when she gets home to safe. I will have no access.

Intimate status:
She filed this under "Elderly Persons and Persons With Disabilities Abuse Prevention Act" ORS 124.020
I haven't been "intimate" with her in over 11 + years..

I believe I am barred from leaving the state in this order.

So with that above stated two sections (not signed off/initialed by judge) is what has me wanting to play safe......

So keep in mind that the topic of this thread is the above statement... prohibited or not in the eyes of the law...

 

[Member 5605]

Glad I dont keep all my firearms in one place. Man that really sucks.

Is there any repercussions for folks who file idiotic restraining orders without just cause?

Do they just hand them out like candy?

If anyone "feels" unsafe, based in fact or their schizophrenic visions world.

You are going to need to get lots of character witnesses to help prove that you are not the person that you ex claims you to be. Make sure that your wife testifies on your behalf too.

Yes, I'll have plenty if it comes down to it. I'm not short of people who can attest to my character, from pastors, friends, family... hell anyone around me.

And most of all, don't get a wimp for a lawyer. In cases like this, a man needs a lawyer who will aggressively go all out in defending them..

Same lawyer will get this that's handling our custody case. No sense in paying two people and two retainers.



Honestly though I wish I could civil suit her when this is done and go after her for the legal fees associated with a false order. She doesn't have anything and is on disability (or trying to get onto) it for drug induced schizophrenia and drinking so much that her kidneys are failing.

 

[Stomper]

If you can document what you said about her "condition", you'll easy smack her back in court.

 

[lfromsalem]

This story is a great example of why I'm single.

 

[Member 5605]

If you can document what you said about her "condition", you'll easy smack her back in court.

Self admitting..


Pretty sure this will all get tossed for its lunacy, just making sure all of my ends are buttoned up to keep me out of any negligent hot water with firearms.

 

[B5Ben]

WOW.

I personally would think the self admission of Schizophrenia would be enough to get this tossed and get sole custody.

Good luck to you brother.

 

[Sstrand]

Hey you guys . . . She's qualified to be elected to the Oregon legislature!?!?!?!?!?!?

Sheldon

 

[RB87]

WOW.

I personally would think the self admission of Schizophrenia would be enough to get this tossed and get sole custody.

Good luck to you brother.

One would think that yet the odds are still against him in the "family courts". Aren't ex-parte hearings grand? You don't get to defend yourself, you get your rights taken away just by the say so of someone supposedly "intimate" with you. This is a favorite tactic of family/divorce lawyers in custody cases. It is apparently considered almost malpractice by lawyers to not suggest it or do it for a client (claim the other parent is a danger/threat etc.).

A famous case of this was a nutter in New Mexico claiming David Letterman was trying to brainwash her every night at 1130pm via the tv. A NM judge actually signed off on the restraining order. Letterman had lawyers quash it in a few weeks. Power and money helps but still, it took weeks... for a woman claiming to being brainwashed through the tv.

 

[Stomper]

Hey you guys . . . She's qualified to be elected to the Oregon legislature!?!?!?!?!?!?

Sheldon

She's probably better qualified than Hillary, if that be the case.



But this ain't about politics!

 

[DAPSRT]

Women can be incredibly vindictive, and hold a grudge against someone forever.

.

Agreed!

 

[mjbskwim]

It was an old friend from high school. He is a reserve deputy in Benton County OR.

He handed me a restraining order from my son's mother.

Yesterday she was served papers for custody. We (my wife and I) have been very patient with her and have politely tried over the years to have a solid and steady relationship with my son (the estranged woman would change numbers or move). Well she was served last night around 9pm.

Today reserve Deputy arrives and he says "I have to serve you with these papers and I have to take your CHL" I laughed. He was sorry he had to do it and I just laughed through it. Humor is my defense mechanism.

Totally blown away by a schizophrenic claiming I'm stalking her (we are 30 miles away), and admitting she has diagnosed schizophrenia in the restraining order I'm completely blown away. I can't imagine what the clerk who had to write all of this up was thinking when she/he read this statement.

So my CHL is revoked.
I own no firearms. Seriously, they are all owned by a trust.
The last page of the restraining order claims that I may be restricted from possessing, buying, selling firearms or ammunition and that can be considered breaking my restraining order.

I have 30 days to protest. Heading to lawyer on Monday who is handling the custody and going to slap this on his desk to get it cleared up. To clarify, I actually have done nothing that she claims. I know professing innocence on the internet is pointless, but damn... I can't wait for the bogusness of this to be exposed.



The question, with 941 in passing.... I can't go shooting right? I can't open carry....

No expert but I would remove all firearms from the house as I have known guy that have had everything taken by the LE. It will take some doing to get them back.Or until you prove in court that she's a psycho.
Good luck with all this.

 

[NWGlockgal]

Since she is obviously unbalanced, if I was you I would be fearful of her. I am also sure your new wife is in fear for her life from this woman. And I would slap my own
restraining order on her.

 

[mjbskwim]

Not sure the court will give a rats A$$ if your wife changed the codes or not.Your ex has already put it in their little minds that you may be dangerous,hence the order.
I would get them anywhere I could put them safely that wasn't in my place of residence.
Remember they would rather none of us have any guns.

 

[Classic]

Don't get mad, get even. Since your were 30 miles away, her claims need to be stuffed up her vag.............
Bearing false witness, making false claims is worth a civil suit for slander (to start) which should be in the 7 figure range to shut that biach up! Make HER get a lawyer that she can't afford and all the sudden she'll learn to shut the F up!

 

[Gunner3456]

Dyjital, I beat three of these in three months a couple of years ago. I also had a nut on my hands. Oregon has specific laws that the applicant must meet to get a restraining order. There's a good chance she did the paperwork herself while standing at a counter and there's a better chance that she didn't get it all right. There's also a good chance that she doesn't even meet the requirements for a restraining order.

She will without much doubt be representing herself at any hearing and she will be as dumb as a post about the law.

Get a good attorney who will be a lot better than she is and there's a good chance it can be dismissed at the beginning of the hearing. Get an attorney who specializes in criminal law even though this isn't a crime. They hit a lot harder and faster and like their jobs (the challenge) more than most civil lawyers do. Their cases go faster and they react faster.

Judges don't like to deny restraining orders if there's close proximity and there has actually been violence but they also know about vindictive ex's.

It's a real pain to have the sheriff show up, hand over your CHL and do something with your guns and only then think about going to court, but just do it. When you get the dismissal papers you can go to the sheriff's office and get your CHL right back.

 

[Gunner3456]

I sued the person who filed 3 times against me for one million dollars citing 12 causes of action. I know the law pretty well and I represented myself because I didn't really care if I won. I wanted to slap the defendants with a huge legal bill which I did.

Once I was convinced that their legal bills had to be around $50,000 I agreed to let their attorney file for dismissal after which I signed the agreement. Had I made the mistake their attorney wanted me to make which was to file for the dismissal myself, that would have made them the prevailing party and perhaps subjected me to a legal action.

BTW I haven't heard from those people (man and wife) since and that guy is the new chief of police in -------- Oregon.

 

[rick benjamin]

Dygital
You got some excellent advice to get some legal help.
I hope the judge can link the custody, 30 mile separation, and restraining order and make a Solomon-like decision.
Prayers for you and your family, even the ex.

 

[NWGlockgal]

It is sick that a person loses his constitutional rights before due process. And let's say someone does have a legitimate reason for a restraining order....making them give up their CHL and guns is certainly not going to make a bit of difference. There are many other ways to hurt and kill people....and of course they are going to
ignore the order to start with anyway.

 

[rick benjamin]

"Mark" came home from work, sat down to dinner with his wife and three daughters.
Knock at the door: Clackamas Deputy and social service rep to serve Mark with a restraining order.
"You can't stay here, pack some clothes NOW, you may not return by court order."
Mark moved in with his brother's family. Time passed, story came clear.
Wife and the school soccer coach. Used the court system to clean house.
Mark moved out, Coach moved in. Wife got the house. Fair? nope. Hurt?
Mark found an apartment. Kids moved away from Wife, in with Mark.

I among many men have lived in quiet fear of receiving the same treatment.
Women and kids "we don't have to listen to you!"
I consider the SB941 railroad just a small bit of the socialist movement.
Someone asked "when will SHTF?"
I believe the train wreck is now, and we are in the middle.
A gondola car full of rebar is airborne, maybe land on me, maybe someone else, but it and the other airborne train parts will return to land on something.

 

[jluck]

Make sure you "cross your T's" and "dot your I's" and use a good lawyer. If you loose in appeals your loss of rights to firearms could be indefinite. Be cautious and do it right!