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

State:
California
City:
Palmdale
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.

A Palmdale California Order to Surrender Firearms in a Domestic Violence case refers to a legal process enforced under specific provisions in the California Penal Code Section 136.2(a)(7)(B). This order is designed to protect victims of domestic violence by requiring the alleged abuser to surrender any firearms they possess. Under the California Law Enforcement Telecommunications System (LETS), the court issues a Domestic Violence restraining Order, known as a CPO or Criminal Protective Order. One of the conditions that may be imposed as part of this order is the requirement of surrendering firearms. This is done to minimize the risk of further harm to the victim or potential escalation of violence. The Penal Code Section 136.2(a)(7)(B) emphasizes the specific provision related to firearm surrender in cases of domestic violence. It grants the court the authority to order the restrained person to surrender all firearms they own or possess, as well as any ammunition. Different types of Palmdale California Orders surrendering Firearms in Domestic Violence Cases may include: 1. Emergency Protective Order (EPO): — This order is often issued by law enforcement officers at the scene of a domestic violence incident or when a victim seeks immediate protection. It typically lasts for a short duration, such as a few days, and may include instructions to surrender firearms. 2. Temporary Restraining Order (TO): TOORO is usually issued after filing a petition with the court. It provides immediate protection to the victim until a hearing can be scheduled. This order often includes provisions to surrender firearms and ammunition. 3. Criminal Protective Order (CPO): — A CPO is issued by the court in criminal cases involving domestic violence. It offers protection to the victim during the proceedings and may request the surrender of firearms, as outlined in Penal Code Section 136.2(a)(7)(B). This order can remain in effect even after the criminal case concludes. It is essential to note that each case is unique, and the specific terms of the Order to Surrender Firearms will vary depending on the circumstances and the judge's discretion. Compliance with these orders is mandatory, and failure to surrender firearms may result in legal consequences. The primary objective of a Palmdale California Order to Surrender Firearms in a Domestic Violence case is to ensure the safety and well-being of the victim and to prevent any further acts of violence. By surrendering firearms, the court aims to reduce the potential for harm and create a secure environment for the victim.

A Palmdale California Order to Surrender Firearms in a Domestic Violence case refers to a legal process enforced under specific provisions in the California Penal Code Section 136.2(a)(7)(B). This order is designed to protect victims of domestic violence by requiring the alleged abuser to surrender any firearms they possess. Under the California Law Enforcement Telecommunications System (LETS), the court issues a Domestic Violence restraining Order, known as a CPO or Criminal Protective Order. One of the conditions that may be imposed as part of this order is the requirement of surrendering firearms. This is done to minimize the risk of further harm to the victim or potential escalation of violence. The Penal Code Section 136.2(a)(7)(B) emphasizes the specific provision related to firearm surrender in cases of domestic violence. It grants the court the authority to order the restrained person to surrender all firearms they own or possess, as well as any ammunition. Different types of Palmdale California Orders surrendering Firearms in Domestic Violence Cases may include: 1. Emergency Protective Order (EPO): — This order is often issued by law enforcement officers at the scene of a domestic violence incident or when a victim seeks immediate protection. It typically lasts for a short duration, such as a few days, and may include instructions to surrender firearms. 2. Temporary Restraining Order (TO): TOORO is usually issued after filing a petition with the court. It provides immediate protection to the victim until a hearing can be scheduled. This order often includes provisions to surrender firearms and ammunition. 3. Criminal Protective Order (CPO): — A CPO is issued by the court in criminal cases involving domestic violence. It offers protection to the victim during the proceedings and may request the surrender of firearms, as outlined in Penal Code Section 136.2(a)(7)(B). This order can remain in effect even after the criminal case concludes. It is essential to note that each case is unique, and the specific terms of the Order to Surrender Firearms will vary depending on the circumstances and the judge's discretion. Compliance with these orders is mandatory, and failure to surrender firearms may result in legal consequences. The primary objective of a Palmdale California Order to Surrender Firearms in a Domestic Violence case is to ensure the safety and well-being of the victim and to prevent any further acts of violence. By surrendering firearms, the court aims to reduce the potential for harm and create a secure environment for the victim.

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