Wednesday, February 05, 2014

UT:Second Amendment Supporter Finally Prevails in Legal Fight Over Protective Order

Clark Aposhian stands with his arm on his truck

Clark Aposhian, an outspoken second amendment supporter, was arrested  on domestic violence charges on May 27th, 2013.   At the time, I thought it was likely a false accusation.  As a prominent constitutional rights activist who ran a business teaching concealed carry courses, in the middle of a divorce, Aposhian was clearly at risk of being hit with a domestic violence restraining order.  Such an order would take away his second amendment rights for an indeterminate period, and divert enormous time, resources and energy away from his political battles, right when they were needed the most, in early 2013.

It was what has become a classic ploy in divorce cases ever since the ill conceived Lautenberg amendment was passed in the Clinton administration.

Now, a long and painful eight months later, Aposhian has been vindicated.    From the
Third District Judge Andrew Stone denied a protective order request from Aposhian’s ex-wife, Natalie Meyer, last Tuesday and ruled the woman has no reason to fear the gun lobbyist.
There are three cases that have been pending against Aposhian, all stemming from one incident in which he showed up to pick up his 11 year old daughter in a 2.5 ton surplus military truck.  In June, he was ordered to surrender all of his firearms within 24 hours.  Aposhian's lawyer has always contended that the charges were false.  Now, eight months later, a judge has ruled that no protective order is justified.  It seems likely that Aposhian will be vindicated in the ongoing domestic abuse case stemming from the same incident.
Aposhian still faces misdemeanor domestic violence charges in Holladay Justice Court, but his attorneys hope Stone’s ruling, which states there was no abuse or criminal trespassing on the Meyers’ property, will help them in fighting that case.

"The court’s recent ruling clearly vindicates Mr. Aposhian," defense attorney Morgan Philpot said in a written statement provided to The Tribune. "Mr. Aposhian now looks forward to resuming the process of clearing up the residue of false allegations and returning to focus on his family and relationship with his daughter."
These sort of actions have become expected by men who own guns in divorce cases.   Lawyers know that they have a large lever to make the lives of the opposition miserable.   I have had a lawyer friend tell me of instances where unscrupulous men have used the amendment to disarm their former wives and girlfriends as well.

The anti-second amendment press in Salt Lake City has had a field day with the incident, using it to smear Aposhian and by association, all gun owners in Utah.  it has clearly limited Mr. Aposhian's effectiveness as a lobbyist during the last eight months.

The court ruling is not completely unexpected.

Stone pointed out that Meyer never mentioned any ongoing emotional or verbal abuse in her divorce filings.

The judge also wrote that despite having a mutual restraining order that instructed both Aposhian and Meyer to communicate strictly through email, Meyer elected to waive those protections "for some time," interacted with Aposhian in person and maintained a joint-custody arrangement with their daughter.
 The judge was careful to let Aposhian's ex-wife, Natalie Meyer, who was remarried and living with her new husband when the original incident occurred, down gently:
"The Court accepts Ms. Meyer’s testimony that she has found her interactions with Mr. Aposhian since her separation upsetting, intimidating and annoying," Stone wrote in his ruling. "That does not lead to a conclusion that they will escalate to violence."
The question is: how does Clark Aposhian get his reputation back?

©2013 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch

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