Improper Persons

[HoosierShooter0811]

I want to first state that I'm a Law Abiding citizen and do not condone any illegal activity.
Back ground story at top and questions at bottom.

My relative wanted to get some clarification on this legal designation of "Improper Person".

A relative of mine went through a messy break up with kids involved. Long story short the girlfriend has done everything in her power to present herself as a victim, abusing litigation and filing protective orders in court as a form of power she can later use in custody court. She lies in the documents and alot of what she has said couldn't be proven.
Despite that her family is friends and coworkers in the court house. The judge that oversaw his case was KNOWN friends with her Uncle who is a court security for the judge that oversaw the Case.

TALK ABOUT A CONFLICT OF INTEREST.

My relative has had a protective order issued against him that has another 1.5 years in affect. He gets threats weekly and is confronted in public places in his town by her friends and family. It's even got physical before. He has proved in court that her and her family have made false statements and testimonies despite this the judge continued to overlook it AFTER MY RELATIVE DIRECTLY ON RECORD PROVES THEM LYING. AND CALLED FOR THEM TO BE INVESTIGATED. The judge scoffed and continued on.
This same Judge has granted PO's without notifying the defendant before. Has illegally detained him in the court room for questioning despite pleading the fifth as no lawyer was present. Etc etc etc.

My relative filed a motion for change of venue but it was changed to a venue THAT AGAIN Had ties to her family and ties to the Judge

INDIANA AND ITS JUDGES HAVE CONTINUALLY VIOLATED HIS RIGHTS OF DUE PROCESS AND ABUSED THIS LOOPHOLE REDFLAG Law.

They practically need no evidence to designate you a improper person.

So his questions are this
1. Do police know who is designated a improper person?
2. Do the court orders show up in traffic stops.
3. After this PO is expired does he get his rights back automatically or does he have to file a motion to restore?
4. He's to the point he is scared for his life and is contemplating carrying anyway and taking a Class A misdemeanor. Would this permanently bar him from ever owning a gun again?

 

[ECS686]

I recommend he get an attorney to hammer it out. Many of us with court experience in LE have seen the same or similar scenerio come down with totally different court rulings. Some PO’s get flagged some do not. And they don’t care if you haven’t been served.

While the bulk of INGO posts mean well many have not seen the circus of a court and base their suggestions/advice on what they have read 2nd,3rd and 4th hand. (And people usually get it twisted or add things or subtract facts)

He is not the first to face wrongful civil allegations but better for an Attorney to help than get misguided or bad advice that gives the Plaintiff more ammo.

It sucks but that’s about the only way to help from getting himmed up.

Good luck!

 

[Cameramonkey]

Yes. I'd say your relative's attorney (if he has one) is awful. A good attorney would ask the judge to recuse himself over the conflict of interest, and I assume there is a way to force the issue.

Good luck to your friend.

 

[Lodge]

Consult with an attorney familiar with firearm law.

My thought would be if your relative had to use the gun he was illegally carrying there might be no room for a plea of self defense.

The law is always ague able. That's why there are opposing consuls.

 

[Mij]

Welcome to the INGO discussion forum

 

[Mgderf]

They didn't steal his wallet did they?

 

[HoosierShooter0811]

They didn't steal his wallet did they?

I don't follow ? Who?
No but he's lost his wallet before in her presence. Why does this matter?

 

[pitbulld45]

Get a good lawyer, video all encounters and yes PO's will show up during a traffic stop.

Where I am from our prosecutor will not enforce a PO if it has not been served but at the same time the court does not contact the person about the order, leo have to serve him or attempt to serve him three times (again that is in my county)

 

[Cameramonkey]

I don't follow ? Who?
No but he's lost his wallet before in her presence. Why does this matter?

Sorry, its a long running gag here. Years ago some dude came on here and claimed he had a nightmare interaction with the state police and they stole his wallet.

 

[Cameramonkey]

And purple text indicates sarcasm.

 

[Mgderf]

Sorry, its a long running gag here. Years ago some dude came on here and claimed he had a nightmare interaction with the state police and they stole his wallet.

I couldn't resist.

 

[Mij]

I couldn't resist.

That makes two of us.

 

[DadSmith]

I now a guy that was from western Nebraska, and the judges niece was dating the wife's brother.
The husband got nothing, and he was forced to take a psychological evaluation just to see his children, was searched for weapons because the brother told the judge the guy was dangerous and carried weapons everywhere.
The wifes brother and his friends surrounded him once said if he didn't back off they would kill him. Judge did nothing nor did law enforcement.
He lost everything.
Years later that judge retired. The man got it back in court, and ended up winning custody of his children.
The mother was a no good, the children were way behind in school because the mother said she home schooled them, but wasn't doing anything. At that time Nebraska didn't even test home schooled children.
She moved 12 times in 6 years as well. Absolutely no stability.
She was living with a known pedophile at the time too.
The new judge did not make the mother pay child support which was odd, but the guy got his children which was a huge win.
They all turned at to be highly intelligent children. The public schools actually were able to get his children caught up to within a year or two of children their age. All were honor role students.
Tell him to hang in there, and get a good lawyer, and get a new judge if at all possible.
Don't do anything to jeopardize his chances. I think Indiana also split custody. Not sure but someone probably knows.

 

[BigMoose]

Dude needs to move to another part of the state so that the PO isn't an issue, and he is out of that jurisdiction.