15 replies to this topic

[Tshaw1969]

After 23 years, my spouse decided she wants a divorce. In 23 years, I have never laid a hand on the woman. She got a local judge to grant her an Emergency Order of Protection, for verbal abuse! There has never been a police officer ever called to our home. No reports of any kind of abuse. I have never had any legal problems in my life. The worst thing is a speeding ticket from 15 years ago. Now, Ive had my FOID Card and CCW Card Revoked by The Illinois State Police! By the way, she has a FOID Card and I have a lot of guns, so unless I get my FOID Card back, she will get all of my guns in the divorce!.....Does anyone have any advice?

[Flynn]

Contact an attorney, you are going to need one, it can get ugly real fast

 

My advice find another family member with a FOID (or a really, really good friend) and have them through your attorney contact get in contact with your wife and see if she will allow them into the house to take control of all your firearms, your attorney should be involved with this as well as the local PD so there is no tit for tat trouble that jumps up, your attorney might even offer space in a safe for you if they have a FOID and safe big enough.

 

Again hire an attorney, you are at risk of losing your 2nd rights for life, this is nothing to play with.

 

Beyond that my advice is don't poke the hornet nest at all, walk away and go silent, sadly she has pretty much all the leverage in the courts right now so it's best to lay low and hope she lets go of the grudge and doesn't push this anymore at this point and that includes you staying off social media and even talking details in a forum like this or even talking to your and her mutual friends where hearsay could get back to her, go dark and only talk to your lawyer.

[Tshaw1969]

Flynn,

Thank you for your advice, I just have a follow up question.

I have a divorce attorney. The only advice given was file the appeal process. Which basically is a form that came with a letter from the ISP, stating why I feel that I feel my FOID AND CCW shouldn’t have been revoked.

My opinion is that might have worked 20 years ago, but I don’t believe in today’s anti-gun environment, a simple one paragraph letter is going to work.

When you recommend hire an attorney, are you taking about a criminal attorney or is there another particular type of attorney that I should be contacting, in addition to my divorce attorney? I would want to believe there are attorneys who specializes in 2nd Amendment Rights?

[Euler]

A criminal (or civil rights) lawyer would be better than a divorce lawyer to fight the firearm OP. Your wife is essentially accusing you of a crime to get your guns from you. (Of course, it's a distraction to suck you dry.) The criminal lawyer might have a good idea where to stash your firearms. Make sure it's someone who knows how to represent innocent people. You want exoneration, not a deal. Your divorce lawyer might have a recommendation for the criminal lawyer.

[cope]

I wonder if there is some sort of, for lack of better terms, 'double jeopardy' or 'mootness' to the order.

 

Since the instant she filed for divorce there was already an order of protection in place that doesnt require removal of gun rights.

 

Why does she need an order of protection to backup the order of protection she already has?

[Keith44]

Glasgow recently handled a “false” red flag order, the judge ruled that the plaintiffs allegations did not meet the most favorable legal standards:

 

https://www.glasgowolsson.com/

[Flynn]

Hire a criminal attorney, it's not really necessary to hire one that specilizes in the 2nd, you are facing a domestic issue primarily, albiet one familar with the 2nd and can help you secure your firearms into someone else's care is obviously best.

[Bo69]

Give them all to me problem solved. Dont let her have ****.

[geo.ulrich]

I have been through something similar even though a little late for poster, If you feel in the future divorce is the road you might be on best advice I can give is get ALL guns out of house. When my ex decided she wanted a divorce I called a close friend while she was at work and removed everything. Then when she started this kind of crap and told police I had guns and she was afraid for her life I asked where and told police they had been removed and had receipt from friend with date of removal...I finally got her to leave and all is good now...

[Molly B.]

It's too early to file an appeal to ISP. You will need to get the order of protection dismissed first. Don't miss any court dates concerning the op, take plenty of witnesses to testify about your good character. Once the op is dismissed, get a certified copy of the dismissal and then file the appeal.

In the meantime, place your firearms with a trusted friends or family member who has a Foid.

[mrmagloo]

I agree with everything above. The only thing I will add is, any divorce is a tough thing. I'm not sure if kids are in the picture, but ultimately, the more you guys can cooperate, the less of the joint assets will end up in someone else's pocket. I would highly recommend doing everything you possibly can to keep what's left of the relationship in the best possible light. Its tough to set aside the root cause of the dissolution, but it's in your interest to do the best you can to compartmentalize it, set that to the side, and establishing good, respectful footing for the next stage of your relationship with her for that duration, whatever that might be.  Good luck.

[steveTA84]

If there was no foul play or verbal threats of harm issues, this Needs to be fought as hard as possible.

[WitchDoctor]

Sir, sorry to hear of your woes. She new right where to kick you. If you have children make sure they know both sides of the "truth". Lying only makes it worse. Love your kids and fight this tooth fang and nail.

Best wishes for an agreeable outcome.

[Colt guy]

Fight

 

I agree with everything above. The only thing I will add is, any divorce is a tough thing. I'm not sure if kids are in the picture, but ultimately, the more you guys can cooperate, the less of the joint assets will end up in someone else's pocket. I would highly recommend doing everything you possibly can to keep what's left of the relationship in the best possible light. Its tough to set aside the root cause of the dissolution, but it's in your interest to do the best you can to compartmentalize it, set that to the side, and establishing good, respectful footing for the next stage of your relationship with her for that duration, whatever that might be.  Good luck.

 Very good advise but usually happens later in the process. The lawyers make more money in adversarial divorces. Were you not able to respond with a lawyer for the Order ? I found the womens “advocates” for the court are the ones who automatically push for this garbage. Guilty until proven innocent. You cannot expunge an order of protection so fight it hard.

[Kingcreek]

My thoughts are with you brother.
Divorce is a painful, difficult, and expensive thing to go through. Don't despair, stay calm, and don't do anything without careful thought and consult with a good attorney. There is a life on the other side of divorce.

I was blindsided by divorce from an evil first spouse. 30 years ago it looked like the end of my world. ( and yes, I contemplated suicide more than once) Today it looks the best thing that ever happened to me. We just celebrated our anniversary 28 years with a great wife and a great life. Good friends, good family, and good advice got me here.

[quackersmacker]

Tshaw, you're actually getting a lot of good advice here.  Bottom line, get the guns outta there, get a strong divorce attorney, and a firearms-smart criminal attorney.  Very best of luck to you.... this too shall pass!