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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111571
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Really nothing more to add. His gun is legally registered.

Customer Question

Really nothing more to add. His gun is legally registered. Never out of lock box. I was an "ear" to call prior to him going over to her house. No threats were made. What was said - there is no PFA or Custody Order to stop from showing up and just taking Laina with me.
Police searched for 1.5hrs inside house and outside before anyone would listen to me about the gun being at my house.
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It seems as though you are starting your story in the middle, can you please tell us everything that is going on and what your specific question is for us? Thank you.
Customer: replied 2 months ago.
My son is going thru an UGLY separation. He has been staying with us since June 1. He works for union ~60k/yr. his wife stay at home mom w/2 kids 6&1. Trying to see his own kids is quite the ordeal. This past week, he asked to pick up his 6yr old daughter so she could help him wash car(something they had discussed doing). When he called wife, he was told no. His reply was - no PFA or Custody Order so why do you dictate all the terms? He said he was on his way to get her. I was an "ear" witness to entire discussion, in fact I said if she is out of control don't escalate the situation, there will be trouble. He said ok. 10min later, I was called by friend that a call came in on Police scanner that my son had a gun. When I arrived, he was face down on ground and cuffed. When I asked questions I had guns pointed at me! His wife had taken the kids to the neighbor's house and called police stating my son was there waving a gun at her. Actually when he arrived, the house was open and vacant. he was calling kids by name inside and when he called wife on phone, he heard it ringing outside. When he exited house he was greeted by 6 Officers w/assault rifles from 4 different jurisdictions! He told them repeatedly there was no gun, no threats and he had just arrived moments before they did. (I need more space to finish).
Customer: replied 2 months ago.
Questions/verbal intimidation and searching in/out continued for 1.5hrs. Finally, after having a rifle pointed at me, an Officer talked to me. I told him my son has a gun and is in a lock box at my house where it stays in the top of my closet. We went to my house and upon verifying the gun, my son was released. He asked about her making a false report and was told there is nothing the police can do?! First, report made before he arrived. Second, there was NO gun - proven to Police. Lastly, how can you wave a gun at someone when you haven't arrived and never even made eye contact? Police just repeated - it's your word against her's. Why then was her word met with overwhelming force, verbal abuse, intimidation and embarrassment for my son at the hands of the police? She was not even talked to by police concerning her false allegations. What to do?
There has to be both Criminal and Civil ramifications for her actions. BTW - the next he petitioned Family Court for a Custody Hearing.
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your reply
First off, when the police receive a call from anyone about someone with the gun they take it very seriously. When they encounter the described suspect they do not take their word for it, they act in the manner you describe until they satisfy themselves there are no guns and the officers and everyone else are safe. So the conduct you described above is consistent with police street survival and safety tactics.
Once they satisfied themselves that there were no guns and they investigated, they took proper action in releasing him. Is going through this embarrassing, intimidating, abusive, sure it is, but it is not unlawful conduct by the police.
What was unlawful is his wife filing a false report. If the police refused to take action on that, as is their discretion, your son has two options and can execute both of them. First, he can go to the DA and bring them all the evidence and seek to get the DA to file criminal charges against the wife for filing a false police report, which is a criminal offense. The DA has the ultimate and final say as to whether or not any criminal charges will be filed. It is not simply "Her word over his word," because the police investigated and found no gun anywhere around him or on him and there was no evidence of any fight or argument discovered by the officers (if they had found something your son would have been arrested for domestic violence) and this is basically the officers exercising their discretion to close the matter and take no action at all.
The second option is that your son, in addition to going to the DA, can file a civil suit against the wife for defamation/slander for her making known false complaints to third parties about him and for intentional infliction of emotional distress and can seek money damages from her for her conduct.
So your son's recourse is against his wife and he needs to get his attorney and take the matter to the courts as a civil action in addition to the divorce. He also needs to have his attorney file in the divorce to obtain temporary custody and/or visitation of the children and get a court order in place since it seems she is not going to act properly in the best interests of the children.

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