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I just had a Domestic Violence/TRO lifted off me. It was…

I just had a...

I just had a Domestic Violence/TRO lifted off me. It was bogus from the beginning, and I thought it was over, but now that I want to go get my gun collection that has been locked up at my house where she's living with her boyfriend that she moved in two weeks after I was booted, I'm being stalled off. I was told by her lawyer that 48 hours after the judge signed the papers I could go get them. That was two ago. And now they're saying I can't go until Nov. 17 in the morning. It all seems so suspicious to me. My lawyer hasn't done anything to protest it either. He's just going along with it. They want me to have a police escort, also, which at first I was all for. But now I'm getting some weird feelings about the whole thing. Do the police have to be there, and why don't they have to abide by the signed agreement that was made and let me go in there 48 hours after the papers were signed?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California and it has been two weeks now

Lawyer's Assistant: Has anything been filed or reported?

Like what?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can't think of anything ok

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Answered in 7 minutes by:
11/13/2016
Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2,466
Experience: Practicing Attorney with 10 years experience
Verified

I can understand your frustration. You are right they are violating the order. However, if they agree to the 17th, I would suggest waiting. The issue is that between now and then you could not probably be granted a hearing anyway in order to enforce the order. If on that day they still delay then you file a motion to enforce the order.

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Customer reply replied 1 year ago
Is a police escort mandatory?
Can anybody else qualify to be there?

It should not be mandatory unless the order is explicit. Your attorney going would also be acceptable.

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Customer reply replied 1 year ago
Both attorneys agreed the police should be there, not them. The whole thing seems weird to me. The specific date, which should not be an issue with her, seems peculiar. Even after I explained that I can't take off work anymore and wanted to do it on the weekend. She didn't care and wouldn't budge. And I asked for the gun removal to be separate from the rest of my belongings because I had to take them to one place to have them stored, and the other stuff would take nearly a day by itself, so two differrent visits. But they ignore me and wrapped them both together anyway. This is my attorney, also, not just hers. Does it not seem a little strange to you, or is it just me feeling somethings goinjg on over there. Let me explain first, I have thought that something was going on with the guns to begin with, like maybe they were removing them themselves, or her boyfriend was doing something with them. A month or so ago I asked for an escorted visit to see if they were all there but they got REAL weird then and started threatening to make me have a licensed gun dealer move and store them or give them to the police. So I backed off. But I can't help but feel they are up to something, but can't imagine what it could be. What would be my recourse if I get there and they're all gone. Who answers to that?

It does seem very peculiar. If they have sold them or something you should certainly consider suing them for your loss.

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Customer reply replied 1 year ago
I have no papers for any of my guns because I have owned them for a long time, most of them at least 30 years. From what I read online, owning a gun that is not registered is not illegal, but I don't want them being confiscated just because I can't show any paperwork. Can that be an issue?

No, your court order is proof that they know you owned them and had notice.

Asad Rahman
Asad Rahman, Lawyer
Category: Legal
Satisfied Customers: 2,466
Experience: Practicing Attorney with 10 years experience
Verified
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