reconsider participation , and the order may be quashed . Waiting , thinking without emotions , preparing , gathering evidence , and taking the time to do things the right way will save a lot of heartache . Of course , that motto can work in everything we do in life .
Compare this to a “ Petition ,” which is only what the plaintiff is requesting . It is not the Order and should not be construed as Brady Act if # 7 is checked . Only the Order , seen above , can take firearms away ; the “ Petition for Order of Protection ” shown below cannot .
If the defendant does not have sufficient evidence to refute the allegations , why would a defendant who is in law enforcement roll the dice on his / her career ? Again , seek legal advice prior to charging off to court . So , when does seeking a hearing become inevitable ? Ah , the Brady Act Box , not to be confused with Brady v . Maryland , 373 U . S . 83 ( 1963 ), integrity .
As you know , the Brady Handgun Violence Prevention Act of 1993 was enacted after White House Press Secretary Jim Brady was shot in the head during the attempted assassination of President Ronald Reagan in 1981 . In Arizona , the “ Order of Protection ,” not the “ Petition ,” is what dictates the Brady Act rule under 18 U . S . C . § 922 ( d ) and ( g ). Yep , you will see the plaintiff request that guns be taken away ; however , only the “ Order ” itself can dictate if Brady Act applies and weapons are confiscated . The Brady Act Box is usually secured on the second page of the “ Order of Protection .” It will look like this :
“[ X ] ARIZONA FIREARMS LAW . Under A . R . S . § 13-3602 ( G )( 4 ), the court finds that defendant poses a credible threat to the physical safety of plaintiff or protected persons therefore defendant shall not possess receive or purchase firearms and shall surrender same within 24 hours of service . . .”
Of course , if the above box is checked , you have no option but to request a Motion to Modify or a full hearing to Dismiss . Again , speak to an attorney before you march to court and lose everything .
Below is an example of what an “ Order of Protection ” looks like :
TAKEAWAYS
In the end , wisdom advises that you seek legal advice prior to charging into the deadly arena of court . PLEA members are covered for such legal advice .
Be wise when served an Order of Protection . Stop ! Breathe ! Think ! Seek Legal Counsel ! Keep Your Career !
Kathryn R . E . Baillie ATTORNEY AT LAW Napier Baillie Wilson Bacon & Tallone , P . C . kathryn @ napierlawfirm . com
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