Virginia Gun Owners Forum - VGOF

As part of a messy divorce my wife requested a Preliminary Protective Order which resulted in my CHP being revoked prior to the hearing. Is this standard? Per 18.2-308.1:4 I would think its only surrended until the hearing and then only revoked if the protective order is upheld.

§ 18.2-308.1:4. Purchase or transportation of firearm by persons subject to protective orders; penalty.

It shall be unlawful for any person who is subject to (i) a protective order entered pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, or § 19.2-152.10; (ii) an order issued pursuant to subsection B of § 20-103; (iii) an order entered pursuant to subsection D of § 18.2-60.3; or (iv) an order issued by a tribunal of another state, the United States or any of its territories, possessions or commonwealths, or the District of Columbia pursuant to a statute that is substantially similar to those cited in clauses (i), (ii), or (iii) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.

... no judging here...

but I'd have to say that your CHP was revoked "as a result of the PPO..." and ask "what basis of evidence/proof" was presented by soon-to-be ex-wife that compeled the Judge/Magistrate to have issued (PPO) in the first place.

If a finding of fact supported that action (PPO) then I am not sure that I would disagree with revoking of CHP.

BTW, you can still carry, just OC; your weapons were not removed from your possession; an annoyance no doubt, but once the PPO is removed and/or found immaterial - I'd have to also assume that the CHP status would be re-instated.

If the soon-to-be ex-wifey lied or misrepresented facts to get the PPO against you - I'd concentrate on that action - libel,false claims, etc... it would only work in your favor in the divorce proceedings. Let the truth come out and see where you both land.... in the eyes of the law.

Yes, it is standard thing.

There are 3 types of Protective Orders:

Emergency Protective Order -issued by a Magistrate, usually in conjunction with a domestic assault situation. Its valid for 72 hours.

Preliminary Protective Order - issued by a JVDR Court judge in a hearing with the petitioner. Valid for 14 days.

At the end of the 14 days, you and she would appear in court for the judge to decide whether or not to issue a Permanent Protective Order, which is valid for up to 2 years.

Both the EPO and Preliminary PO are done in "ex parte" hearings, meaning only the petitioner is present (your wife). You dont get to present your side until the Permanent PO hearing.

So, in essence, as soon as an EPO or PPO is issued, your CHP is revoked.

Keep in mind too that a protective order only orders certain things against the respondant (you). It doesnt hold the other party to anything. i.e. you are ordered not to have contact with her. There is nothing prohibiting her from having contact with you (weird, I know, but thats the law).

**IANAL**
A preliminary protection order is an order of protection and thus meets the requirements of the code section that you cited. If, after the hearing, the protection order is not substantiated and the court doesn't choose to continue the order, then you should get your CHP back. In any case, you should be able to get your CHP back immediately upon the lifting of the order.

Good luck with it - I know about messy divorce. Hopefully, you've retained an attorney.

jadedone4 wrote:BTW, you can still carry, just OC;

You sure about that.... He quoted the law above and it states:

It shall be unlawful for any person who is subject to (i) a protective order .....(blah)...(blah).......... (iii) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.

Couldn't they say he was transporting...

Unkn0wN wrote:

jadedone4 wrote:BTW, you can still carry, just OC;

You sure about that.... He quoted the law above and it states:

It shall be unlawful for any person who is subject to (i) a protective order .....(blah)...(blah).......... (iii) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.

Couldn't they say he was transporting...

Our standard line (and the line that the judges always used when I worked in JVDR Court) was "you are not allowed to have anything to do with a firearm while this order is in effect"

Its all covered under the Lautenburg Amendment and the Violence against women act.

ProShooter - I stand corrected; thanks for clarifying the "OC" part of my post.

ProShooter wrote:

Unkn0wN wrote:

jadedone4 wrote:BTW, you can still carry, just OC;

You sure about that.... He quoted the law above and it states:

It shall be unlawful for any person who is subject to (i) a protective order .....(blah)...(blah).......... (iii) to purchase or transport any firearm while the order is in effect. Any person with a concealed handgun permit shall be prohibited from carrying any concealed firearm, and shall surrender his permit to the court entering the order, for the duration of any protective order referred to herein. A violation of this section is a Class 1 misdemeanor.

Couldn't they say he was transporting...

Our standard line (and the line that the judges always used when I worked in JVDR Court) was "you are not allowed to have anything to do with a firearm while this order is in effect"

Its all covered under the Lautenburg Amendment and the Violence against women act.

That's what I thought too. That's why I asked. I knew someone would know.

Just heard back fro Donna Tate of VA State Police and my current CHP is permanently revoked solely because I was named in a Preliminary Order. So yes without without me present without a hearing based solely upon my soon to be ex-wife's statement my CHP is revoked.

Once cleared I have the option to apply for a new CHP.

What a bummer. Good luck with everything Sam.

SamAbbe wrote:Just heard back fro Donna Tate of VA State Police and my current CHP is permanently revoked solely because I was named in a Preliminary Order. So yes without without me present without a hearing based solely upon my soon to be ex-wife's statement my CHP is revoked.

Once cleared I have the option to apply for a new CHP.

Insomuch as a Prelim Order is only good for 14 days, they may actually only suspend your CHP. Maybe it will be restated after 14 days if the Prelim Order dies.

If that law is true? It needs to be changed. That is not "INNOCENT UNTIL PROVEN GUILTY!"

Reverenddel wrote:If that law is true? It needs to be changed. That is not "INNOCENT UNTIL PROVEN GUILTY!"

That would be all well and good, except that a Protective Order is not a criminal matter, it is a civil matter. Innocent until proven guilty beyond a reasonable doubt is the level of proof in a criminal case. A preponderance of the evidence is the level required in a civil matter.

A Protective Order is an extrordinary writ as it causes you to be separated from your home, your vehicle, your children, and as evidenced here, your firearms.