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    savage123's Avatar
    savage123 Posts: 3, Reputation: 1
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    #1

    Oct 31, 2013, 10:53 AM
    Violation of probation
    My daughter and I are moving out of state with my husband who is in the military.
    My daughters father is currently somewhat involved in her life... sees her when he isn't busy or working and does not pay child support. However, we do not have any court arrangements in place that could "force" him to pay child support.
    He was caught selling cocaine to an undercover police officer (twice) in 2010 in Dallas county. He was bailed out of jail and has a first degree felony under his belt... probation for 5 years.
    He has threatened my husband... He told my daughter that he was going to kill him. He hasn't come to pick her up in over a month which I am glad about. My husband is back on leave and we are just scared that my daughters father might try something against my husband. My daughter told me that he has a tattoo shop inside his home and there are cans of beer and people everywhere... not only that but she told me that he has two guns in the house.
    Obviously this is very concerning to me (my daughter hasn't seen her dad since that day).
    Would all of this be considered violation of his probation? What legal actions should we take to protect ourselves from him?

    Thank you,
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #2

    Oct 31, 2013, 10:55 AM
    Convicted felons are prohibited by the federal government from owning or handling firearms.
    savage123's Avatar
    savage123 Posts: 3, Reputation: 1
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    #3

    Oct 31, 2013, 11:06 AM
    Quote Originally Posted by odinn7 View Post
    Convicted felons are prohibited by the federal government from owning or handling firearms.
    I don't know if they are HIS handguns or if they belong to his cousin who also lives at the house.
    Would that matter?
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #4

    Oct 31, 2013, 11:11 AM
    A convicted felon cannot have access to firearms. If the guns are not locked up with the cousin being the ONLY one that has the key, he could be in trouble for that. It is sketchy but that is how the law is often interpreted when it comes to this. In other words, if he has access to the guns, it is a violation the way the cops see it.

    On the other hand....if you were to call this in on him, he will obviously know it was the daughter that ratted him out to you...do you want that?
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    savage123 Posts: 3, Reputation: 1
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    #5

    Oct 31, 2013, 11:21 AM
    Obviously not.
    My daughter is 7 and is not the only person that goes inside that house.
    Like I previously mentioned, they have a makeshift tattoo shop in there... there's people in and out of that house all the time.
    I just don't want my daughter in danger.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Oct 31, 2013, 11:42 AM
    ... My daughter told me that he has a tattoo shop inside his home and there are cans of beer and people everywhere... not only that but she told me that he has two guns in the house. ...
    As a convicted felon, he is committing a federal felony by possessing firearms. Upon conviction, I believe there would be a 5-year minimum sentence.

    I see no particular problem, however, with cans of beer scattered around the house. It simply means he might not be a particularly tidy housekeeper.

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