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.
In Norwalk, California, individuals involved in domestic violence cases may be subject to an Order to Surrender Firearms, which is regulated under the California Law Enforcement Telecommunications System (LETS). One specific type of order pertains to the Domestic Violence Criminal Protection Order (CPO), as specified in Penal Code, Section 136.2(a)(7)(B). Let's delve into a detailed description of this order and its key aspects. The Norwalk California Order to Surrender Firearms in Domestic Violence Case, governed by Penal Code, Section 136.2(a)(7)(B), aims to protect individuals who are victims of domestic violence. This provision allows the court to issue a CPO, which requires the removal of firearms from the possession of the individual against whom the order is issued. The CPO may be requested by the victim or law enforcement agency and granted by the court when the victim presents evidence demonstrating a reasonable belief that they are at risk of domestic violence involving firearms. The order is designed to prevent potential harm from occurring by removing firearms that could be used to inflict harm or intimidation. Under Penal Code, Section 136.2(a)(7)(B), there are a few key elements that must be satisfied for the issuance of this order. Firstly, there must be a prior conviction or pending charge against the individual for domestic violence offenses, including but not limited to crimes involving physical abuse, threats, harassment, or stalking. Secondly, the court must find that there is a reasonable likelihood of future violence. Lastly, the court must determine that removing firearms from the individual's possession is necessary for the safety of the victim. Once the Norwalk California Order to Surrender Firearms in a Domestic Violence Case is granted, the individual against whom the order is issued must promptly surrender their firearms to a designated law enforcement agency or licensed dealer. Failure to comply with the order can lead to serious consequences, including criminal charges. It is crucial to note that there may be variations or additional types of orders related to the surrender of firearms in domestic violence cases specific to Norwalk, California. These orders may differ based on the circumstances, legal requirements, or specified provisions. Therefore, it is essential to consult legal resources or professionals to understand the complete framework and potential variations regarding the Order to Surrender Firearms in Domestic Violence Cases in Norwalk, California.
