Domestic violence (Have not went to court yet)

[Producer419]

Hi everyone! This my first post and I am sorry if this has been discussed already. But here's my situation.... I was charged with domestic violence back in June 2014. But I HAVE NOT been to court yet. The judge keeps pushing the date back. I passed my ccw class today But I'm worried I might be denied my permit. Does anybody have any info on this situation? I wanted to ask before I waste my $67 just for them to say no. I also have a temp restraining order but neither me or my family member never got served any papers To us stating it... Any info would be GREATLY appreciated. Thanks for your guys time!

[Javelin Man]

Welcome!

This is something your attorney should have discussed with you. Someone will pipe in with an opinion, though.

[JediSkipdogg]

Are you sure you weren't served? You should have been served at the jail you went to during the arrest.

I have a lot more to say, but I find it hard to believe you weren't served before leaving jail.

[dangerranger6100]

I wouldn't bother, if you know you're going to have a protection order against you. I also would wonder if the protection order has some validity now, since you know it has gone through the court and the papers just need served.

I would contact your attorney. Also note, I believe that pleading guilty to even a charge other than domestic violence can put you under disability

[Producer419]

Thanks for the quick replies! I plan on talkin to my lawyer Monday I had just found out about the class last night and decided to try it. And I just have a bunch of papers from the courts because they kept changing the date. My instructor is a sheriff and he told me to just try it and see what happens. And I am positive I never was served any papers. The judge told me to stay away from the person but I never got an order of protection paper

[xpd54]

Not trying to be harsh, but an Internet forum full of people you don't know isn't the place to get info on this. Call an attorney. And the court to see if there is a valid protection order. Actually having a deadly weapon (which you need to do to pass your CCW class I'm guessing) in your possession could be a violation of said protection order.

My only advice is research any plea options well.

[Tweed Ring]

Lawyer.

[Producer419]

The judge said it was temporary until court. My attorney said I should just get disorderly conduct. I just haven't had a chance to talk about the permit because it's the weekend and I joined the class last minute.

[catfish86]

I believe with a pending case you are likely out of luck. I would wait until the case is disposed of. Depending on what occured you may be able to plead it into something else AND THEN never do it again. Hopefully nobody involved with the case knows that you were at a CCW class including range time since with a PO you would not be able to possess firearms.

[pirateguy191]

My instructor is a sheriff and he told me to just try it and see what happens.

Seriously?

[JediSkipdogg]

Hopefully BobK chimes in on this one.

I'm still stuck on if you are legally under a protection order or not. The police department I work for many years ago had a case where the subject violated a protection order he claimed he was never served. He was arrested and charged, but I'm not sure what happened after that. Protection orders are entered into NCIC the second they are filed, therefore all police know one exists. When I was looking up court cases on the issue I found State v. Cooper (163 Ohio Misc. 2d 27, 2010-Ohio-6697) which basically was an inmate locked up in jail upon the issuing of the protection order and he violated it upon release. However, there was never any proof that he received a copy of such order.

My concern with the matter is if you are under the protection order, then you've already committed a federal felony by being in possession of a firearm during your class.

If you apply though, I guarantee you they will deny you. So I'd save the $67 as I believe you can't reapply for one year. Part of 2923.125 states...

(D)

(1) Except as provided in division (D)(3) or (4) of this section, within forty-five days after a sheriff's receipt of an applicant's completed application form for a concealed handgun license under this section, the supporting documentation, and, if not waived, the license fee, the sheriff shall make available through the law enforcement automated data system in accordance with division (H) of this section the information described in that division and, upon making the information available through the system, shall issue to the applicant a concealed handgun license that shall expire as described in division (D)(2)(a) of this section if all of the following apply:
(j) The applicant is not currently subject to a civil protection order, a temporary protection order, or a protection order issued by a court of another state.

They are going to see the NCIC hit and possibly take that as being under a protection order. They may verify if you were served and since you say you don't recall (I'm sure the protection order was last on your mind during the arrest) you may have been served and totally forgotten about it. You can't send private messages yet, but if you get to 5 posts and send me your name and what county this occurred in I can research what their clerk's office says if you've been served or not.

[djthomas]

My attorney said I should just get disorderly conduct.

If owning guns is important to you make sure you get the "right" disorderly conduct. Depending on which subsection you are convicted or plea to it may be just as disabling as if you had been convicted of DV. That's why I think it's time to talk to your attorney again. Keep in mind that if you get probation for all or part of it the court is within its rights to deny you the ability to possess firearms during that time as well.

[BobK]

The temporary protection order is a distraction, a red herring.

You are currently charged with Domestic Violence which is a "misdemeanor offense of violence". Being charged makes you ineligible.

Per RC 2923.125(D)(d):

(d) The applicant is not under indictment for or otherwise charged with a felony; an offense under Chapter 2925., 3719., or 4729. of the Revised Code that involves the illegal possession, use, sale, administration, or distribution of or trafficking in a drug of abuse; a misdemeanor offense of violence; or a violation of section 2903.14 or 2923.1211 of the Revised Code.

You are not eligible for a CHL at this time. Period. Save your $67.

If you committed the crime, then I think you should plead guilty in return for probation and get this behind you.

If the charge is completely bogus, then fight it.

[Producer419]

Thanks everyone and thanks Jedi. I will try to get you the info. Yea I kinda figured I wouldn't be eligible i was just hoping someone had been threw this and had advice. I will call my layer and tell you guys what he says. I'm thinking I'm not eligible but hopefully I will be able to carry in the future. This sucks!!

[techguy85]

My instructor is a sheriff and he told me to just try it and see what happens.

Seriously?

Yeah that's the part I went WTF over myself.