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

State:
California
City:
Oceanside
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.

In Oceanside, California, the government takes domestic violence cases involving firearms very seriously. One crucial legal mechanism used to ensure the safety of victims is the Order to Surrender Firearms. This order, issued by the court, requires individuals accused of domestic violence and subject to a Criminal Protective Order (CPO) to turn over their firearms. The implementation of this order falls under the purview of the California Law Enforcement Telecommunications System (LETS) and is governed by Penal Code Section 136.2(a)(7)(B). Under the Oceanside California order to surrender firearms in domestic violence cases, there are different types of orders that may be issued depending on the circumstances and severity of the offense: 1. Temporary Order to Surrender Firearms: This type of order is often issued at the beginning stages of a domestic violence case and aims to provide immediate protection for the victim. It requires the accused party to surrender any firearms they possess for the duration of the case. 2. Permanent Order to Surrender Firearms: If the court deems it necessary for the long-term safety of the victim, a permanent order may be issued. This order will remain in effect until further notice from the court, requiring ongoing compliance and the surrender of firearms during this period. 3. Emergency Order to Surrender Firearms: In urgent situations where there is an immediate threat to the victim's safety, an emergency order can be sought. This type of order guarantees swift action, allowing law enforcement to remove firearms from the accused party's possession without delay. 4. Ex Parte Order to Surrender Firearms: When time does not permit notice or a hearing, an ex parte order can be issued. This order grants the victim immediate protection by mandating the surrender of firearms until a full court hearing can be scheduled. The Oceanside California Order to Surrender Firearms in Domestic Violence Case is governed by Penal Code Section 136.2(a)(7)(B). This section emphasizes the obligation of the accused party to comply with the order by surrendering all firearms within specified timeframes to law enforcement agencies designated by the court. Failure to comply with the order can result in serious legal consequences, such as contempt of court charges or additional penalties. Individuals subject to the Order to Surrender Firearms should consult with an attorney experienced in domestic violence cases to understand their legal rights and obligations. Compliance with the order is essential to ensure the safety of the victim and to avoid further legal complications.

In Oceanside, California, the government takes domestic violence cases involving firearms very seriously. One crucial legal mechanism used to ensure the safety of victims is the Order to Surrender Firearms. This order, issued by the court, requires individuals accused of domestic violence and subject to a Criminal Protective Order (CPO) to turn over their firearms. The implementation of this order falls under the purview of the California Law Enforcement Telecommunications System (LETS) and is governed by Penal Code Section 136.2(a)(7)(B). Under the Oceanside California order to surrender firearms in domestic violence cases, there are different types of orders that may be issued depending on the circumstances and severity of the offense: 1. Temporary Order to Surrender Firearms: This type of order is often issued at the beginning stages of a domestic violence case and aims to provide immediate protection for the victim. It requires the accused party to surrender any firearms they possess for the duration of the case. 2. Permanent Order to Surrender Firearms: If the court deems it necessary for the long-term safety of the victim, a permanent order may be issued. This order will remain in effect until further notice from the court, requiring ongoing compliance and the surrender of firearms during this period. 3. Emergency Order to Surrender Firearms: In urgent situations where there is an immediate threat to the victim's safety, an emergency order can be sought. This type of order guarantees swift action, allowing law enforcement to remove firearms from the accused party's possession without delay. 4. Ex Parte Order to Surrender Firearms: When time does not permit notice or a hearing, an ex parte order can be issued. This order grants the victim immediate protection by mandating the surrender of firearms until a full court hearing can be scheduled. The Oceanside California Order to Surrender Firearms in Domestic Violence Case is governed by Penal Code Section 136.2(a)(7)(B). This section emphasizes the obligation of the accused party to comply with the order by surrendering all firearms within specified timeframes to law enforcement agencies designated by the court. Failure to comply with the order can result in serious legal consequences, such as contempt of court charges or additional penalties. Individuals subject to the Order to Surrender Firearms should consult with an attorney experienced in domestic violence cases to understand their legal rights and obligations. Compliance with the order is essential to ensure the safety of the victim and to avoid further legal complications.

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