Restraining order

[Dyerbill]

If someone gets the order against you can you still carry?....if you cannot carry what can be done?

 

[Sullivan_pbr]

I’m not a lawyer. But I don’t believe a restraining order has any impact on your license to carry. You just cannot approach that person armed or not.

 

[croy]

Having a restraining can effect whether or not you can carry, and also can lose all gun rights until the restraining order is lifted..

 

[Frank_N_Stein]

I’m not a lawyer. But I don’t believe a restraining order has any impact on your license to carry. You just cannot approach that person armed or not.

You should look up the Indiana Code and educate yourself.

 

[Frank_N_Stein]

If someone gets the order against you can you still carry?....if you cannot carry what can be done?

If you are served with an order that says you cannot carry, you cannot carry until the order is rescinded. Having a lawyer assist you would be your best choice of action.

 

[CraigAPS]

IANAL, but I think it depends on the specifics of the order. Are you talking about a normal Order of Protection (I believe the term Indiana uses) or something like the Red Flag laws (referred to as "Jake Laird's Law" in Indiana)?

Here's some basic info on Orders of Protection: https://www.indianalegalservices.org/node/17/general-information-about-orders-protection

For Indiana's Red Flag Law, just Google "Laird's Law Indiana," and you should get the info you need. Laird's Law specifically deals with firearms. That one would definitely stop you from carrying as it removes firearms from one's possession and suspends one's LTCH.

 

[T.Lex]

Generally, someone in the position of having a restraining order taken out against them needs an attorney ASAP. There are certain findings that could be sent to the ISP, which might then suspend the LTCH. A lawyer can get direct access and information regarding the restraining order, and the process that led to it, and provide the answer. That is the only way.

This is not legal advice to you or anyone else.

 

[sethr]

A. You have 30 days to ask for a hearing.
B. The order will have a Brady Bill box saying whether you can possess or not.

If you cohabited, it's an automatic no guns.

It is about having or not having guns. They will take all of yours if it's a no gun order.
Normal time is two years, but can be longer.

Only options then are small stun device or pepper spray.

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[1mil-high]

IANAL
Show up to the hearing and do everything you can to keep from having a protective order. You can be Brady disqualified (no guns allowed) as a condition of the order which obviously is even more than losing your license to carry.

I would be talking with an attorney.

 

[bgcatty]

If you have a restraining order against you, do not be a fool and represent yourself. Heed these three words NOW: GET A LAWYER!!!

 

[LP1]

It's also a question on the 4473, IIRC. Although buying guns probably isn't at the top of the to-do list right now.

 

[Skullglide]

This forum has great information, but a lawyer is your best bet here.

 

[AJBB87]

Them getting the order isn't the problem.

Has it been served to you yet? If so, find a lawyer.

If it hasn't been served yet... If they can't find you, it can't be served. If it can't be served, it can't be enforced.

Did you get one back? Ya gotta get one back...

 

[T.Lex]

Them getting the order isn't the problem.

Has it been served to you yet? If so, find a lawyer.

If it hasn't been served yet... If they can't find you, it can't be served. If it can't be served, it can't be enforced.

Did you get one back? Ya gotta get one back...

Instead of this, it is most advisable to get an attorney no matter what.

If you are not an attorney, you probably don't actually know whether you've been served or not.

 

[littletommy]

I didn’t have an attorney when my ex wife tried to get me with a restraining order. I just went to the hearing and showed the judge an itemized phone bill where she had called my phone 170 times in 31 days, versus the 3 calls I had made to hers. That judge was pissed when I showed him that! He told me I could go ahead and leave, and was tearing into her pretty good as I walked out. That was 15 years ago, so I wouldn’t consider going in without an attorney now, but it can work out for you IF you are in the right, and the judge is willing to call out BS. Not a risk I would take at this point in my life.

 

[HoughMade]

Has anyone advised to get a lawyer yet? ‘Cause that’s the thing to do. It’s nothing to mess around with.

...If they can't find you, it can't be served...

Not true. Get a lawyer.

 

[cosermann]

So, it sounds like getting a lawyer is a pretty good idea, huh, or am I misreading the thread?

 

[singlesix]

Free advice is worth every penny ....

 

[chezuki]

Generally, someone in the position of having a restraining order taken out against them needs an attorney ASAP. There are certain findings that could be sent to the ISP, which might then suspend the LTCH. A lawyer can get direct access and information regarding the restraining order, and the process that led to it, and provide the answer. That is the only way.

Woohoo! OP’s getting some free legal advice!

This is not legal advice to you

Well damn... sorry OP. At least I got some free legal advice.

or anyone else.

SON-OF-A...

 

[sethr]

FYI for everyone. In Putnam County copies of all of the statements supporting the order are mailed by the court clerk. I don't know if others are different.
And, not advice; legal fact. If you ever cohabited, Brady is automatic. Not a court option.

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