Clearly the system is really effective at seeking Justice and all we need is a few more attorneys involved to iron out the kinks...Quote:
To get the restraining order, your daughter filled out a petition with the allegations under penalty of perjury, and likely testified in court to the judge about the allegations under penalty of perjury. If your daughter lied in either of these, she committed a crime. Get a copy of the written petition and request audio of all the hearings where she may have testified. Find things she said under penalty of perjury that can be conclusively proven as false. If your daughter has a history of lying, find evidence of this. I understand you don't want to pit yourself against your daughter, so it would have to be evidence other than testimony from your wife and you. All of this proof of lying needs to be presented to the judge to discredit her side of things.
To the judge, your daughter and son in law are just case numbers. All the judge cares about is not ruining their career. And what would ruin their career real fast is to have someone the judge has the power to take guns away go and kill their wife. Not saying that would happen, but judge's error on the side of caution and statistically speaking, violent crimes often accompany contentious divorces. It's a cooling off period. The judge is likely a former prosecutor (because nearly all judges are) and have been trained repeatedly that a single allegation of abuse is just the tip of the iceberg. The judge has been in front of thousand of people accused of domestic violence and lets face it, most are guilty. A lot of these dv dudes say things like "the therapist says I shouldn't even be here" or "I'm pissed because I can't hunt." The judge is jaded and could care less. Not saying this is fair but again, most dv instances aren't even reported and the judge knows this (that whole tip of the iceberg thing).
The restraining order is likely not permanent and can be modified by the court based on change of circumstances. Once the restraining order expires, he should get his gun rights back. Can still bow hunt.
Cops normally try to avoid serving protection orders at places of employment for obvious reasons. Lame if the cop did that here. Contact the law enforcement agency and see if they have a policy to avoid that. If the cop fucked that up, they should be punished.
I said it before and I will say it again, understand the terms of the restraining order and do not violate it. Prosecutors love violation of no contact orders because they are easy to prove (unlike assaults). A criminal charge will tank this guys change of getting split custody. Vindictive victims will often bait the retrained party into violating the order.