Burbank California Order to Surrender Firearms in Domestic Violence Case - CLETS - CPO - Penal Code, Sec. 136.2(a)(7)(B)

State:
California
City:
Burbank
Control #:
CA-CR-162
Format:
PDF
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Description

This is an official form which complies with all applicable California laws and statutes. It orders the defendant in a criminal domestic violence case to surrender any firearms in his/her possession for the duration specified and if no date is specified, then this order expires 3 years from the date of the order.

This order is to be used only when the court orders firearms relinquishment but does nto make any other protective or restraining orders. Do not use this form in conjunction with other Criminal Protective Orders.

Burbank California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) In Burbank, California, domestic violence cases are taken very seriously to protect victims and ensure their safety. One crucial aspect of these cases is the issuance of orders surrendering firearms, which aims to prevent potential harm and further violence. These orders are based on the California Law Enforcement Telecommunications System (LETS), the Domestic Violence Restraining Order (CPO), and the Penal Code Section 136.2(a)(7)(B). The specific order related to firearm surrender in domestic violence cases falls under Penal Code Section 136.2(a)(7)(B). This provision allows a judge to issue an order that requires the restrained person to surrender any firearms they possess or have access to. The order can be obtained in conjunction with a Domestic Violence Restraining Order (CPO) to provide additional protection for the victim and discourage any potential escalation. The purpose of ordering the surrender of firearms is to remove any immediate threat and potential means of harm, ensuring the safety of the victim and the community. By removing firearms from the situation, it significantly reduces the potential for serious injury or death resulting from domestic violence incidents. This measure aligns with Burbank's commitment to prioritize the well-being of individuals affected by domestic violence and prevent further harm. In Burbank, there may be variations of orders surrendering firearms based on specific circumstances and risk factors involved in each domestic violence case. Some of these variations could include: 1. Temporary Order to Surrender Firearms: This type of order may be issued during the initial stages of the domestic violence case, before a full hearing takes place. It provides temporary protection to the victim while the court investigates the allegations and determines the necessity for a more comprehensive and long-term solution. 2. Permanent Order to Surrender Firearms: This order is typically issued after a thorough hearing, where the court evaluates all evidence and determines that there is a significant risk of harm to the victim if the firearms are not surrendered permanently. The judge may order the restrained person to surrender all firearms within a specific timeframe, ensuring they no longer have access to potentially dangerous weapons. 3. Modified Order to Surrender Firearms: In some cases, the court may modify an existing order to specifically address firearm surrender. This modification can occur if new evidence or circumstances arise, necessitating a change to the original order. The modified order may impose stricter requirements, such as additional firearm registration or the surrender of ammunition as well. It is crucial for individuals subject to these orders to fully comply with the directives provided by the court. Failure to do so can result in severe legal consequences, including charges of contempt of court or additional penalties. Following these orders not only ensures compliance with the law but also contributes to creating a safer environment for victims of domestic violence. Overall, Burbank acknowledges the importance of the Order to Surrender Firearms in Domestic Violence Cases, as outlined in LETS, CPO, and Penal Code Section 136.2(a)(7)(B). These measures demonstrate the city's commitment to combatting domestic violence and prioritizing the well-being and safety of its citizens.

Burbank California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) In Burbank, California, domestic violence cases are taken very seriously to protect victims and ensure their safety. One crucial aspect of these cases is the issuance of orders surrendering firearms, which aims to prevent potential harm and further violence. These orders are based on the California Law Enforcement Telecommunications System (LETS), the Domestic Violence Restraining Order (CPO), and the Penal Code Section 136.2(a)(7)(B). The specific order related to firearm surrender in domestic violence cases falls under Penal Code Section 136.2(a)(7)(B). This provision allows a judge to issue an order that requires the restrained person to surrender any firearms they possess or have access to. The order can be obtained in conjunction with a Domestic Violence Restraining Order (CPO) to provide additional protection for the victim and discourage any potential escalation. The purpose of ordering the surrender of firearms is to remove any immediate threat and potential means of harm, ensuring the safety of the victim and the community. By removing firearms from the situation, it significantly reduces the potential for serious injury or death resulting from domestic violence incidents. This measure aligns with Burbank's commitment to prioritize the well-being of individuals affected by domestic violence and prevent further harm. In Burbank, there may be variations of orders surrendering firearms based on specific circumstances and risk factors involved in each domestic violence case. Some of these variations could include: 1. Temporary Order to Surrender Firearms: This type of order may be issued during the initial stages of the domestic violence case, before a full hearing takes place. It provides temporary protection to the victim while the court investigates the allegations and determines the necessity for a more comprehensive and long-term solution. 2. Permanent Order to Surrender Firearms: This order is typically issued after a thorough hearing, where the court evaluates all evidence and determines that there is a significant risk of harm to the victim if the firearms are not surrendered permanently. The judge may order the restrained person to surrender all firearms within a specific timeframe, ensuring they no longer have access to potentially dangerous weapons. 3. Modified Order to Surrender Firearms: In some cases, the court may modify an existing order to specifically address firearm surrender. This modification can occur if new evidence or circumstances arise, necessitating a change to the original order. The modified order may impose stricter requirements, such as additional firearm registration or the surrender of ammunition as well. It is crucial for individuals subject to these orders to fully comply with the directives provided by the court. Failure to do so can result in severe legal consequences, including charges of contempt of court or additional penalties. Following these orders not only ensures compliance with the law but also contributes to creating a safer environment for victims of domestic violence. Overall, Burbank acknowledges the importance of the Order to Surrender Firearms in Domestic Violence Cases, as outlined in LETS, CPO, and Penal Code Section 136.2(a)(7)(B). These measures demonstrate the city's commitment to combatting domestic violence and prioritizing the well-being and safety of its citizens.

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Burbank California Order to Surrender Firearms in Domestic Violence Case - CLETS - CPO - Penal Code, Sec. 136.2(a)(7)(B)