Dismissed TRO

[Chvl67 0]

Years ago I made the mistake of living with a woman who was very vindictive. When she decided to cheat on me and move out-and I took it upon myself to change the locks to the house as well as take back the vehicle I purchased: she filed a Temporary Restraining Order against me.

As part of the TRO, the PD took my firearms and FID card. After several trips to court and adjournments, my lawyer had the TRO dismissed.

Needless to say I was surprised that NJ immediately holds a weapons forfeiture hearing, regardless of the fact that TRO was dismissed.

I was represented by Evan Nappen (when he was with Maynard & Assoc) and the forfeiture was dismissed as well. Needless to say that even though she was required to appear at the forfeiture hearing, she failed to show, but rather was busy filing another TRO against me, in the same building, at the same time the hearing was taking place. I retaining Evan Nappen again, and since she failed to appear at the 2nd TRO hearing, that too was dismissed-in fact Evan argued her modus operandi of doing this, and the judge ordered a fine against her that she never paid. Evan then had any subsequent weapons forfeiture hearing vacated, and my weapons and FID card were ordered returned to me. This was back in 1999.

I've since moved, and need to change the address on my FID card-since it appears that I must go through the entire app process again-I'm not sure how to respond to the "has your FID card ever been revoked".

I plan on contacting Evan Nappen to get his opinion, but wanted to hear what others have to say. I live in a rural area, so the apps are processed through the State Police.

I've been married to my wife for 5 years, and together for 12-it's ridiculous that any fictitious claim against me from someone I haven't seen in over a decade can follow me around for years. My wife herself wants to get her FID.

Sorry for the long post, but with what's going on against firearms, this is keeping me up at night thinking about.

[NicePants 58]

Yeah, I'd suggest contacting Evan for a legal opinion. I don't think very many on here have any experience with that. Sorry to hear that you had to go through all that crap, man. It's horseshit that you should even have to worry about something like that.

[gunguy1960 2]

The greatest potential threat to your firearms is alot closer than you think for many people.

[Holeshot 3]

"has your FID card ever been revoked".

 

Your FID was returned to you so I would answer "NO" as it was never revoked.

[Chvl67 0]

Thanks Holeshot-I was just going through the paperwork from 1999, and they WANTED to revoke my FID, but it was ordered all rights and privledges be returned. This was/is some automatic policy anytime a DV complaint is issued in NJ, regardless of the outcome. The continued guilty until proven innocent in this crappy state. I just wanted to get some sense from some folks here to at least give me a little comfort before I even schedule an appointment with Evan-he's almost 70 miles away from my house, so it's very inconvenient, but I'd prefer to have a face to face, and I will do whatever I need to clear all of this up. This girl was literally insane because she thought she was "entitled" to my property when she decided to move on. And of course when I tried to file my own TRO against her to try and stop her from coming back to my house and taking my property (before I changed the locks because we were both on the lease) the judge wouldn't grant it.

If my wife and I could relocate, we would in a heartbeat. This state will do anything to prevent you from owning firearms, and to take them from you once you do.

[KpdPipes 388]

Thanks Holeshot-I was just going through the paperwork from 1999, and they WANTED to revoke my FID, but it was ordered all rights and privledges be returned. This was/is some automatic policy anytime a DV complaint is issued in NJ, regardless of the outcome. The continued guilty until proven innocent in this crappy state. I just wanted to get some sense from some folks here to at least give me a little comfort before I even schedule an appointment with Evan-he's almost 70 miles away from my house, so it's very inconvenient, but I'd prefer to have a face to face, and I will do whatever I need to clear all of this up. This girl was literally insane because she thought she was "entitled" to my property when she decided to move on. And of course when I tried to file my own TRO against her to try and stop her from coming back to my house and taking my property (before I changed the locks because we were both on the lease) the judge wouldn't grant it.

If my wife and I could relocate, we would in a heartbeat. This state will do anything to prevent you from owning firearms, and to take them from you once you do.

 

They dont Revoke your FPID, on a TRO, they Seize and HOLD it, but it is still valid. as long as it was not revoked by the courts, then you should be GTG

[SJG 253]

Did you ever hear the saying "free legal advice is worth what you pay for it"?

[TOMP40 0]

I believe 'revoked' would be a permanent situation. In your case it was temporarily suspended. So i'd answer NO.

[Holeshot 3]

Did you ever hear the saying "free legal advice is worth what you pay for it"?

 

Did you ever hear the saying "What do you have when a lawyer is buried up to his neck in sand?"

[Chvl67 0]

Did you ever hear the saying "free legal advice is worth what you pay for it"?

I plan on contacting Evan Nappen to get his opinion, but wanted to hear what others have to say.

Did you read the whole post I made, or just want to give me a hard time for asking an opinion, not legal advice, from knowledgable guys on this forum? The laws in this state are crazy enough to navigate on our own, let alone when someone who wants to be vindictive causes you to have to defend yourself-to the tune of about $5,000 if I remember correctly. All because she was pissed I took back a vehicle that was legally mine that she was gallivanting around with her new boyfriend. (Which is a civil property matter-and she even somehow got the judge to note it in the TRO)

I just wanted to feel a little but better before I walk into Evan's office blind. He might not even see me-he might just tell me "you're good to go", like some other folks here.

[Chvl67 0]

Ok, so some follow up questions that I'd like some input feedback:

 

I joined ANJRPC-I've heard some guys here say that I can get "free" legal advice from guys like Nappen as a result of being a member. For the life of me I can't find any way to do this.

 

I'm thinking of retaining an attorney to assist in the actual application process for myself (change of address) and my wife. (initial) Would that actually work against me?

Reasons for myself are the ones stated above. For my wife: because when she was having problems with people at work, she used their Employee Assistance Program to speak with one of their Sociologists--from my understanding, not a Dr, and not a therapist. But she also, as a condition of getting a surgical implant in her back, was required to undergo a Psych evaluation. I'm concerned that those things might come up in her mental health records search for some crazy reason, and they'll deny her based on question 26.

 

And even though my TRO's were dismissed, (namely the 2nd one was obtained by deception) and it was ordered that my weapons and FID be returned, there's still a record of those that could come up.

 

My friend, who also needs to submit an application to update his FID address, thinks I'm wildly paranoid. He himself has a 14 year old DUI, and an expunged drug possession. He's thinks that unless you were convicted of a felony, or committed to a mental institution, "they cannot deny you"

 

I've heard horror stories that state that just because things were dismissed, not charged, expunged, or you weren't admitted or determined to have any psych problems (merely talking to a therapist) that there could be cause for denial, simply on the catch all "not in the interest of public safety"

 

I think that with how this Nanny State uses any reason to keep firearms out of peoples' hands, that they absolutely can deny you--but you could appeal and win. Most likely because people will get tired of the red tape and give up.

 

Is that worth the hassle? I'd really rather not fork out any money to retain a lawyer that could be spent actually purchasing firearms--and I very well could be paranoid.

 

Thoughts, opinions?

 

I hate that I even have to ask these questions.

[KpdPipes 388]

As far as the TRO's..i know someone in your position. Even though that person had Witnesses that were present who put the entire issue on the Complaintant, that particular County AP still pushed for the final order, then played chicken for the better part of a year before they would return his property..eventually it required the threat of contempt by the judge to get the AP to budge on it. As far as the Horror stories..unless you're hearing them from the person they HAPPEN to..it has the tendency to be like the "Telephone" game....and amny times you find out that there was a little more t the story than you were originally told.