Custody Battles are a Pain...

[jahwarrior72]

...in the ass. i just got done handing over my brother's rifle to a pair of Lackawanna Sheriff's deputies, along with my LTCF, and i have to turn in my gun tomorrow morning. you see, my ex decided it would be funny to file for a PFA order against me. i have a hearing on the 24th, where i have no doubt she's going to add to the already ridiculous claims she's made against me, as well as get her kids to lie, which they've done in the past.

[normanvin]

That sucks..

[heatheroo]

sounds like where the Scranton PD has repeatedly tried and lost........the ex may have won.

Women........

[shooter357]

It's something how a person, usually a woman, can scream PFA and get one without question all the while stomping on another without any say in the matter.

Keep your nose clean and play nice.[/i]

[gnbrotz]

Was there or is there going to be a hearing? I was under the impression that you would have an opportunity to present your side to the court, then the court would approve or deny the request for a PFA.

I think they do issue emergency PFAs, but again I thought they were supposed to be issued after actual physical contact had already occurred. Have you considered having an FFL store your firearm instead of the Sheriff's office? I believe that would be a much easier process to get the firearm back when things are resolved or the PFA expires.

[jahwarrior72]

i was just served with the PFA today. she filed for it shortly after i filed for a custody hearing. there is a hearing scheduled for the PFA this May 24th. i'm confident the judge will see this for what it is, but my concern is for afterwards; my lawyer says i'll still have to file to get it expunged from my record before i can reapply for a new LTCF, and attempt to get my gun back. i tried to contact my local shop but they were already closed. the deputy said i have 24 hours to turn over my gun so i might be able to drop it off at the shop tomorrow. i've contacted a few people i know, to see if they could take it off my hands; so far, no luck.

this is just a ploy on her part; we have a custody hearing set for June 1st; if there's a PFA in place, then the court would automatically find in her favor. until the PFA hearing, i'm barred from any contact with my daughter even over the phone. they have also confiscated my brother's rifle; he wasn't home when they came so they took it. i didn't have my gun on me; he had mine and his was locked in a toolbox, which i don't have a key to. they took his Mosin, and know he has to go and prove it's his to get it back.

[jahwarrior72]

(05-11-2010 06:40 PM)gnbrotz Wrote:  Was there or is there going to be a hearing? I was under the impression that you would have an opportunity to present your side to the court, then the court would approve or deny the request for a PFA.
I think they do issue emergency PFAs, but again I thought they were supposed to be issued after actual physical contact had already occurred. Have you considered having an FFL store your firearm instead of the Sheriff's office? I believe that would be a much easier process to get the firearm back when things are resolved or the PFA expires.

this is what pisses me off: there's no due process for the one slammed with the PFA. the burden of proof is on me, not her.

[gnbrotz]

(05-11-2010 07:08 PM)jahwarrior72 Wrote:  my lawyer says i'll still have to file to get it expunged from my record before i can reapply for a new LTCF, and attempt to get my gun back.

The above is completely contrary to everything (I think) I know. How confident are you with his knowledge of firearms law?

Have you contacted Rich about storing your gun? Since they homeschool, I'd think someone would be around most any time for you to drop it off.

[jahwarrior72]

if i had his number, i'd call. i deleted his number, along with every other one i had, when i tried to program my phone a while back.

[gnbrotz]

Shop number (you'll probably have to leave a message):

(570) 474-1025

[Paradigm]

Dang, dude...this sucks royally. I have a friend going through a very similar situation. I hope everything goes well and it ends in your favor.

[B2Luv2Hunt]

Good luck May 24th and June 1st. How good is your lawyer?

[jahwarrior72]

my lawyer's a typical shady, ambulance chasing, unscrupulous leech. fortunately, he's on my side, and my brother's already used him, successfully, for a similar case. his firearm law knowledge isn't extensive; i had to explain a few things to him, like it being perfectly legal to carry to a courthouse, and have it checked in by the sheriff's office. but, how many lawyers specialize in gun laws? i don't need him to be a gun lawyer, i need him to be a Denny Crane.

[redeye202]

Like i told you on the phone,many of us are just a phone call away,ya needs help,CALL.
redeye202

[normanvin]

Thats ironic. You having to explain firearms law to a lawyer.

[Paradigm]

(05-13-2010 04:35 PM)normanvin Wrote:  Thats ironic. You having to explain firearms law to a lawyer.

The irony is nice...but to be fair to the lawyer, they have areas of specialty. Just like some of us know rifles, some know semiautos, and some know revolvers, the same with lawyers and divorce, criminal, communication law, etc.

But you probably knew that...and I ruined your funny joke.

[Aran]

Have you tried hitti... oh.. nevermind

[shooter357]

(05-11-2010 07:08 PM)jahwarrior72 Wrote:  there is a hearing scheduled for the PFA this May 24th.

Did you have the hearing today? How'd it go?

[redeye202]

DON'T GO WITHOUT A LAWYER.
I did that one time and it did not end well for me.

[jahwarrior72]

you're absolutely right, Tom; i got the PFA date moved to June 16th. the problem is, my custody conference is on the 1st. the PFA will still be active then, so even if they grant me custodial rights, or shared custody, or whatever, i still won't be able to see my kid until i get a decision on the 16th.

another gem: the ex is copying any posts i made over on PAFOA that she thinks would be relevant, to present them as evidence. and, i can't delete them. awesome.