Need some advise.

[dogdinger]

My son works as a driller on an oil rig and his shifts are 2wks on/off. When he got home this past hitch his wife had moved her boyfriend into his house and the sheriff was there to serve him with a protective order keeping him from being on his property..... long story short , the sheriff told him he could not posses a gun now.... ???? I know there is a law that says you cant purchase a gun while under a restraining order but didn't know you had to give up your guns that you legally own. Any lawyer types out there that would know the law? There has never been any battery or even threats, she just did this pre-emptively. it is sure gonna screw with his elk season. Any help would be appreciated. AJ

 

[HARPERC]

He needs a lawyer. The top sheet for women filing for divorce these days is a restraining order. It keeps him from communicating except through the attorney's, who get paid. It also puts him in the position of the bad guy.

When I was in his boat, such things had to have a hearing at some point. Mine went away without any real headache as it was lumped with other stuff, and there was no basis for it.

He should cut off all contact, and communication with her anyway. All of it will be turned around to make him look bad the lies have only just begun.

He should find an agreed upon party to go get his stuff. If it's truly his house he needs an order kicking her out.

 

[FearNoWind]

"Lawyer types" who are not a member of the bar in Colorado would probably be the last place you'd want to go for advice, especially in a public forum. No attorney of any stature is likely to advise you here.
Having been involved in many of the types of situations that you describe, on both sides of the issue, my best wishes to you, your son and everyone involved for a swift and peaceful resolution to this problem.
The best suggestion I can offer is to make arrangements for your son to visit an attorney who is experienced in criminal law and obtain first hand advice.
If a good criminal lawyer isn't readily at hand, a family law attorney would be my next choice.
Old addage, "A man who is his own lawyer has a fool for a client" rings true here.

 

[gohring3006]

My brother went through this. Tell him to get the divorce as quickly as possible Not matter how tempting it is tell him to comply with the order if he doesn't it only gives her ammo to burn him. I would get it in front of a judge asap let the judge determine who is in fault. If she is the one who stepped out on the marriage then it should go in his favor. If its his house then he should start an eviction immediately (they take forever) if they are renting then contact the landlord her new home wrecking boyfriend is not on the lease so he has to go. Tell him good luck. Maybe he likes bow hunting elk......

 

[sourdough44]

Yep, the 'restraining order' is dirty pool 101 for many soon to be X-wives.

He has to lawyer up or risk being steamrolled.

 

[trebark]

Speaking as a divorced guy, I am surprised to hear that a first tactic for some women is to seek a restraining order. Restraining orders can be given for a lot of reasons, not just battery or threats. They are also not handed out lightly. Keeping that in mind it makes me wonder what's really going on as I doubt a judge would simply take one person's word when the object of the potential order could and would most likely attend a hearing. Also, I would think a restraining order would enumerate the reason for the order.

Get a lawyer...NOW.

 

[gohring3006]

Here in Ohio they issue the order then sort it out later kind of playing the sfe card just to keep domestic issues from happening all she has to say is she is fearful then its ordered whether its true or not..