restraining order question?

[megatronrules]

I am curious about this one in the state of florida what enables someone to get a restraining order on someone? I am asking because I heard about a guy who was told by a co-worker of a girl he asked out a couple times that she was going get a restraining order agaisnt him. Due to the fact that "he bothered her" as she put it. Now I'am just wondering is this posible under the law? Can someone just ask for and get a restraining order on another person with no evidence of abuse of threats from that person,simply because they feel like it?

I would think a judge woulen't be so easily swayed I would think some form of ducumentaion would be needed I.e. police reports of abuse/threats,a history os violence or a criminal record for this type of thing and so one? I just had to ask because this one really had me wondering. Thanks for any input guys.

 

[Zundfolge]

Some judges give these things out like candy ... others won't give them out unless you have proof the person is dangerous, and yet others won't give them out at all (although those are rare).

It varies from jurisdiction to jurisdiction.



For some time I've had this fear that the antis will figure this one out, and next time they show up at an organized debate they will afterword go to their favorite liberal anti-gun judge and say "I got in an argument with this guy, he owns guns and I'm afraid." then the gun rights activist will loose his right to keep and bear arms. The strategy will be to shut up all gun rights activists. It will work

 

[Blackhawk]

A TRO (Temporary Restraining Order) can be issued without the judge hearing the other person's story provided the one seeking it demonstrates good cause why it should be issued. However, a TRO is usually only good for a few days (10 maybe) until all the parties appear before the judge.

So the answer to your question is yes and no.

 

[megatronrules]

Okay but does being under a restraining order automaticly mean you canot pocess a firearms? I thought the emerson case afirmed that not being able to pocess a gun while under a R.O. violated your 2nd amendment rights? Please correct me if I'am wrong.

 

[Blackhawk]

No. Emerson was under an RO based on domestic violence threats. That invoked the 2A firearms infringement.

An RO can exist for almost any reason. For example, if you hire a contractor to put up a fence that appears to cross my property line, I can get a RO to stop construction.

If you're likely to do anything that harms my rights in any way, I can probably get an RO to "stop" you. If likely violence is involved, your 2A firearms rights may be infringed by the RO.

An RO is the equivalent of a legal "time out" to give the adversarial party a warning that he doesn't really want to do any harm to the party obtaining the order.

 

[Pilgrim]

In the PDRK a Temporary Restraining Order can be issued ex-parte, meaning the restrained person is not present when it is issued. The TRO is issued with an Order to Show Cause and Notice of Hearing for OSC (why the order shouldn't become permanent). The judge can indicate on the TRO if the restrained person must surrender his firearms to the police.

The TRO is not valid for enforcement until the restrained person has been properly served with the order. However, when the TRO is presented to the sheriff for service, or a copy is given to the local law enforcement agency, it is entered into the Department of Justice database and that effectively blocks any purchase of firearms by the restrained person until the order expires or it is modified.

At the Order to Show Cause hearing, the restrained person has the right to counsel and the opportunity to contest the need for a restraining order. Even if the order is sustained, the restrained person can still petition the court to not take away his right to firearms.

In the PDRK, restraining orders are on file with the Department of Justice. One of the pieces of information recorded is whether or not firearms rights have been suspended or revoked.

Restraining Orders After Hearing can be issued for up to three years. At the end of three years they expire unless the protected person petitions the court to extend the order. Then another OSC hearing is scheduled.

If firearms rights are suspended or revoked, the restrained person either has to surrender them to law enforcement or present a bill of sale from a FFL dealer that all guns have been sold. If they are surrendered to law enforcement and the restrained person is not otherwise prohibited from possessing firearms, the law enforcement agency has to store them until the expiration of the order or the person becomes otherwise prohibited from possessing firearms outside the requirements of the order.

If the restrained person becomes otherwise a prohibited person, a licensed FFL can go to the law enforcement agency with a bill of sale showing the owner has sold all the firearms to the FFL and the FFL is free to sell them as he would any other firearms in his inventory.

The above is my recollection of the PDRK laws and procedures when I retired four years ago.