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guns/dyfs

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venus72

Member
What is the name of your state? NJ My husband obtained a tro against his ex-wife for threatening to kill our ******* son and threatening to break my legs. He told the family court judge that there were guns where his ex and daughter lived and they were seized. Would dyfs have gotten involved because his minor child was living some where where there were illegal weapons seized? What about them getting these guns back? The guns were not all assault weapons, some handguns, some shotguns. What would dyfs have done about the minor child living there? Charges were filed against his ex for harrassment by me in our municipal court and she was found guilty. The judge also granted me a no contact order against her, will this keep her and her boyfriend from getting these guns back?
 


VeronicaGia

Senior Member
It will keep her from getting her guns back, but likely not her boyfriend. If they live together and he gets his guns back and she gets caught with them in the house, she will be in big trouble.
 
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ken mathews

Guest
Who is dyfs? Were the guns "illegal" guns or registered? Any time someone has a restraining order against them, guns are a violation. Anyone not stated in the orders who has guns which are registered to them, will be able to get the guns. Only exception would be if the case is pending, in which the guns are evidence, upon the case being closed they will be returned, but only by request. Remember a protective order is just a piece of paper, so use with caution. It seems to me an injunciton should have been ordered during any divorce hearings. These instances should violate those orders and can be prosecutable on a civil basis. The best advice is to avoid any further contact on your part, and if contacted keep reporting. Good Luck!


FormulaForSanity. Com
Christi
 

venus72

Member
dyfs is the division of youth and family services in new jersey. Is my no contact order similar to a restraining order? if the judge did not put a time limit on it, is it good forever? What about my husbands daughter....where does she stand in all of this she's only 8. Because of the fire arms would dyfs have taken her out of the house or made her mother move her to a safer enviroment???Some of the guns were illegal others registered, how much trouble is her boyfriend in for having illegal guns?
 
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ken mathews

Guest
I'm not sure on your states laws, but Texas "restraining orders or protective orders are valid 2 years in which the prosecuting attorney will renew, but usually has to be requested to be renewed or not to be. Contact the county court prosecuting attorney to be sure...you don't have to tell them who you are when you are calling! FYI! The state removed the child as a result of the illegal guns and probably an investigation has been conducted. Unsure of your state departments guidelines, but checkout CPS in which the tell you how to battle a child removal situation. The person with illegal guns, have they been charged criminally, if so....that could be a problem with custody. Sorry I couldn't be more help, looks like a crappy situation.

Christi
FORMULA FOR SANITY .com
 

venus72

Member
i don't know if they have been charged criminally, but i just got a victim letter from the county prosecutor about a court date to object or consent to the guns being given back. I do know her boyfriend has to show legal permits for the guns to get them, which he probably doesn't have. how can i find out if her boyfriend has permits and can i find out if my husbands daughter was removed by the state?
 
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ken mathews

Guest
Who has the child now? Contact the local office which intervened as a concerned parent...you have a right to know. Does your husband have vistitation or what is the status of the child?
 

venus72

Member
my husbands ex wife has custody. He has visitation but it was suspended because she lied and got a restraining order against him. Here in jersey they go by the womans word not by proof.
 
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ken mathews

Guest
How was visitation suspended, not ordered to be supervised? It seems they both have mutual restraining orders? There are facilities that help with violent /harrassing exchanges of parents and supervises that would help towards getting visistation repaired. Visitation can't be taken without his parental rights being taken as well? And does he pay child support?:confused:

I'm not sure I have all the details and what goal your aiming for?
If she still has custody than the court evidently did not find her unfit and the state would only remove if the child was in danger.
 

stealth2

Under the Radar Member
In NJ, restraining orders are valid indefinitely once signed by a judge UNLESS the judge puts a time limit on it. A restraining order in NJ does NOT mean possession of a firearm is a violation UNLESS the judge includes that in the RO. The firearms WOULD have to be registered, however.

Realistically speaking, venus - your husband should be speaking with an attorney to find out how to regain his visitation rights.
 

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