Red Flag laws will be the same as Domestic Violence complaints. No judge is going to deny one and catch the blame for not taking someone’s guns and a shooting happening.
It will really depend on the jurisdiction. Around here, if a protective order is opposed and contested, it is seldom granted.
How many Emergeny ROs (I’m uncertain of what y’all call them) are turned down? That’s a better comparison ‘in the moment.
I spent 20 yrs in LE in South Jersey and don’t ever recall a TRO (temporary restraining order) being denied. The domestic violence case workers know exactly how to coach the “victim” to get one issued. The system was put in place to protect victims but quickly became a way to get the upper hand in a divorce, custody battle or just getting the boyfriend or husband thrown out of the house/apartment for the weekend.
hunter4623,
I spent over 30 years "pinned to a badge" & served for several years as a City Marshal. = Unfortunately, I know all about ABUSE of "protective orders", & ABUSE of "tip lines" by ANGRY ex-wives, jilted girlfriends & just plain CRACKPOTS.
For just one example: Our office was seeking a 19YO & VERY dark complected A-A male, who had robbed a local convenience store of about 200.oo, using a large butcher knife as a weapon. - Our Mayor insisted that we "set up" a "tip line" & offer a 1500.oo reward for "information leading to the arrest & indictment of the armed criminal". - The local newspaper printed a photo, from the store's security camera of the robber, too.
Over the next 3 days, until I talked the Mayor into "withdrawing the reward & disconnecting the 'tip line' ", we received & "worked" a total of 78 complaints & "hot tips" off of the recorded line.
Of those 78 complaints that were "called in" & that we "looked into", only SIX of the men, who were reported to our office as "likely suspects", were even BLACK males. - Further, those supposed "likely suspects", that were reported to our office, ranged in age from 16-71 years of age.
Of all of those who called-in "HOT tips", the "complaining witnesses" were divided into 4 main categories:
1. ANGRY & VINDICTIVE ex-wives,
2. Jilted (& about equally angry/vindictive) former girlfriends,
3. CRACKPOTS, who knew NOTHING about the robbery but wanted to "make a complaint" about something, that they were ANGRY or were just upset about
4. People who just HOPED to claim the 1500.oo reward, though their "likely suspect" did NOT even vaguely fit the "general description" of the knife-wielding criminal
and
5. Persons who were "members" of more than one of the first 4 groups.
Our office over the next week also had FIVE male subjects, who came into our office & wanted to confess to the robbery.- Only ONE of the 5 "confessors" was a Black male.
Btw, one of our Deputy Marshals caught the robber, as a result of apprehending him for an unrelated DWI about 8 days later.
( He pled guilty to the armed robbery & served 4 years in the state penitentiary. )
yours, tex
