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Jun 10, 2013 9:02 PM by Lupita Murillo

TPD Commander files response to Order of Protection

TUCSON - The commander who was forced to turn over his firearms by a court order is asking the judge to reconsider.

News 4 Tucson, is not naming the commander because he hasn't been charged with a crime. He was served with an Order of Protection last week by a former girlfriend. It was in reference to domestic violence issues over several years.

A judge ordered the commander to surrender all of his firearms. Tucson police say, the commander is not under investigation.

His attorney says the commander is back at work, after taking some vacation time. It's not known in what capacity he's in since he's not allowed to have a firearm.

According to court documents, on Friday, his attorney Louie Fidel filed for an expedited hearing to modify or quash the Order of Protection.

"There are numerous false allegations, and inaccurate statements in the order of protection," he says.

Fidel and his client want to present that information to the court, especially addressing the issue of the firearms the veteran commander had to surrender last week.

"The consequences are obvious very serious, and they have a lasting impact on my client's work." he says.

The accuser, who is a former girlfriend, claims the commander monitored her actions daily by using law enforcement issued computers and radios. She told the judge she fears for her life and the lives of family members.

"I don't know if it's true, she has no reason to fear from my client," Fidel says.

It's up to the judge to determine when the hearing will take place.

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