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Bullitt wrote:

baldeagle wrote:Then again, the judge might be equally inclined to think, He's military. He probably is dangerous. I'll grant the order. Depends on the judge.

That is a possibility as well.

The other thing to consider is that courts are accustomed now to "The Bag of Dirty Tricks" being that a lot of these protective orders are generated as a prelude to divorce. In other words, a false claim of abuse is taken out solely for the purpose of being used in custody hearings of a divorce. In a few cases of the military, the wife moves ahead of the husband back to her home state to get settled in early as she waits for her husband to transition out. She files the protective order while he is absent, which then prevents him from joining her, then she files for divorce. The 'ol double whammy.

My concern on the issue is regarding the 2nd, seizing guns with an ex-parte protective order. While it appears that TX won't do that with an out of state order, TX will do that with their own ex-parte orders. Again, due process is being denied the Respondent.

So what happens when the government just decides "ex-parte" that it's time to come and get your gun? Guess we just have to let them do what they want.

Bullitt wrote:

For out of state protective orders served in Texas the person MUST have been notified and provided the opportunity to go to court to respond to the charges. See this from http://www.womenslaw.org/laws_state_typ" onclick="window.open(this.href);return false; ... ntent-8976

Keith B. That's a useful opinion in the link. In this case it appears that the ex-parte order would be meaningless in TX until the Respondent travels back to the issuing state to have "his day in court." This I think this is a good thing in that at least there is due process.

When the Respondent travels back to the issuing state, he generally has two options (1) accept the order with no admission of guilt and no finding of guilt, (2) fight it right there and either win or lose to have the order tossed.

Bullitt wrote:Okay, let me get this straight:

A wife files for a protective order in a civil court on make believe charges. She does this ex-parte filing and the husband isn't even there to defend himself but in another state finishing his military obligation. She sees this as a child custody tactic and then springs a surprise divorce on him.

He gets served with this protective order because the Sheriff offices around the country are tied into each other.

He then has to give up his guns? Where is the due process for him in all of this?

Can I get my out-of-state protective order enforced in Texas? What are the requirements?

Yes. Your protection order can be enforced in Texas as long as:
It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.*

The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)

The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story. It doesn’t matter if he actually showed up in court; just that he had the opportunity to do so.

In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled within a "reasonable time" after the order is issued.**

* 18 U.S.C. § 2266(5)(A)
** 18 U.S.C. § 2265(a) & (b)

Bullitt wrote:

jmra wrote:

Bullitt wrote:

jmra wrote: Based on the information provided to us by an obviously biased party, yes.

Actually not my case, nor even anybody related to me. But by the tone of your response "an obviously biased party" I can see you have taken a side already.

Thanks for the feedback.