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Order of Protection Lifted - FOID Reinstated


AuroraInstructor

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If an Order of Protection is issued and then lifted, what kind of 'paperwork' do you need to obtain from the judge in order to submit proof to the ISP? Most Orders are simple Emergency Orders that automatically expire on your 'day in court.' So the judge wouldn't necessarily need to issue a "non-order" as the original order expired. However, to convince the ISP that they should reinstate your FOID card, you would need something saying that the order is lifted / expired. Is there a format for such a "motion" or "order?"

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My understanding of the process is that you have to go through the process of filing a FOID Revocation Appeal which is a process that takes a minimum of a year, and possibly two years........I have been through this material pretty thoroughly, and I would certainly NOT assume that merely because the Order of Protection was lifted that the return of the FOID is going to be automatic....want to bet that ISP decides it wants to look at the background of why the order was issued in the first place.

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If an Order of Protection is issued and then lifted, what kind of 'paperwork' do you need to obtain from the judge in order to submit proof to the ISP? Most Orders are simple Emergency Orders that automatically expire on your 'day in court.' So the judge wouldn't necessarily need to issue a "non-order" as the original order expired. However, to convince the ISP that they should reinstate your FOID card, you would need something saying that the order is lifted / expired. Is there a format for such a "motion" or "order?"

I suppose you can try to file a motion to vacate temporary, ex parte order of protection, and then obtain a certified copy of that order for the ISP.

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A friend I know of, had his FOID SUSPENDED for OP. Once that ended, he call ISP, they told him fax a copy of court record showing the outcome, attention; ?? I am not sure of the title. He got his FOID card return and valid in about 2 weeks.
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If an Order of Protection is issued and then lifted, what kind of 'paperwork' do you need to obtain from the judge in order to submit proof to the ISP? Most Orders are simple Emergency Orders that automatically expire on your 'day in court.' So the judge wouldn't necessarily need to issue a "non-order" as the original order expired. However, to convince the ISP that they should reinstate your FOID card, you would need something saying that the order is lifted / expired. Is there a format for such a "motion" or "order?"

I suppose you can try to file a motion to vacate temporary, ex parte order of protection, and then obtain a certified copy of that order for the ISP.

 

If you take that concept one level further and request that the court provide equitable relief specifically directing ISP to reinstate the FOID then it just might do the trick. However, then we get to a political hot potato. If you consider that an order directing ISP to reinstate the FOID, that is substantially the same as the judge ordering that the firearms be returned to the individual. If, god forbid, the guy then turns around and blow his spouse's brains out with said firearm, the judge now has "blood on his hands". That is why I am willing to bet that the guy is stuck going through the torture of the FOID Revocation Appeal process...it gives cover to the court and ISP.

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In my case, my attorney was able to basically write the court order vacating an OP, and it specified that the OP was based on "no credible or substantiated evidence". That was all the ISP seemed to need, and it also allowed me to initiate a harassment charge and suit against my ex.. It all happened within about 3 or 4 days, and although we did file the order with the ISP, I did not receive any communications from the ISP as to a revocation of my FOID.

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In my case, my attorney was able to basically write the court order vacating an OP, and it specified that the OP was based on "no credible or substantiated evidence". That was all the ISP seemed to need, and it also allowed me to initiate a harassment charge and suit against my ex.. It all happened within about 3 or 4 days, and although we did file the order with the ISP, I did not receive any communications from the ISP as to a revocation of my FOID.

Again......currently the FOID Revocation takes place very rapidly. I wonder if the result would have been different once they put you through a formal ervocation.

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It is odd that the Order of Protection "form" that is part of the Order lists all sorts of "sanctions" / "remedies". The one that mentions surrendering guns specifically says "Respondent must be present in court" - which sounds great, but if an emergency order of protection is issued, it automatically suspends the FOID card. So without due process, you are deprived of your Second Amendment rights.

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It is odd that the Order of Protection "form" that is part of the Order lists all sorts of "sanctions" / "remedies". The one that mentions surrendering guns specifically says "Respondent must be present in court" - which sounds great, but if an emergency order of protection is issued, it automatically suspends the FOID card. So without due process, you are deprived of your Second Amendment rights.

Well...there may be a HUGE difference between "suspend" and revoke......and you don't get due process for a revocation in some cases why would you expect it for a suspension....not a chance. I tried to PM you but you aren't accepting new....was going to add a couple of thoughts.

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It is odd that the Order of Protection "form" that is part of the Order lists all sorts of "sanctions" / "remedies". The one that mentions surrendering guns specifically says "Respondent must be present in court" - which sounds great, but if an emergency order of protection is issued, it automatically suspends the FOID card. So without due process, you are deprived of your Second Amendment rights.

Well...there may be a HUGE difference between "suspend" and revoke......and you don't get due process for a revocation in some cases why would you expect it for a suspension....not a chance. I tried to PM you but you aren't accepting new....was going to add a couple of thoughts.

 

I had no idea we needed to clean out our inboxes.. Just made room for more PM's...

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