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How to appeal Texas divorce decree which permanently took away my gun rights?

Houston, TX |

Texas divorce decree has language that permanently took away my gun rights. Biased judge. I am appealing the final judgment. There was no evidence presented, only false testimony on which the gun rights were permanently taken away. What ground do I have to appeal the gun restriction? Seems like a criminal court, or bone fide protective order should have jurisdiction over the subject matter of my constitutional right to bear arms, not a divorce court. Please help me with statutes or case law.

Attorney Answers 3

Posted

Hire a lawyer. A modification may be possible, depending on timing and the whole story.

This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

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Asker

Posted

I'm already on appeal. Any help with statutes or case law?

Posted

You need a lawyer ASAP. If a decree has been signed, you are under tight deadlines to try and undo what the decree orders. If at all possible, you want to file a motion for new trial or notice of appeal within 30 days of the date the decree was signed. There may still be some options available after 30 days have passed, but they are much more limited.

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Asker

Posted

I'm already on appeal. Any help with statutes or case law?

Eric Stephen Lafleur

Eric Stephen Lafleur

Posted

Its going to be hard for anyone here to give you specific advice without knowing exactly what language was in the pleadings, what the testimony was, and what the language is in the decree. You say there was no evidence, but testimony is evidence. And, generally, I'm not aware of any authority that says orders impacting gun rights have to be made in criminal courts to the exclusion of family courts. Appeals of Family Code cases are difficult propositions even for attorneys. To maximize your chance of success, you really need to hire an attorney or, if not hire one to take over the appeal, pay for an hour or two of an attorney's time to get some advice specific to the facts of your case. Good luck.

Posted

You should consult with a competent family law attorney.

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