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 San Jose, California, an Order to Surrender Firearms in a Domestic Violence Case is a legally binding directive issued by the court under the relevant provisions of the Penal Code, Section 136.2(a)(7)(B). This order is typically issued in conjunction with a Criminal Protective Order (CPO) and is aimed at ensuring the safety of the victim and preventing further harm. The Order to Surrender Firearms is designed to restrict the possession of firearms by individuals involved in domestic violence cases, particularly those who have been accused or convicted of a domestic violence offense. It is issued by the court and must be followed by the individual named in the order. This specific type of order falls under Penal Code Section 136.2(a)(7)(B), which deals with the authority of the court to issue orders related to firearms in cases of domestic violence. The relevant keywords within this code section include "firearms," "domestic violence," and "order." There may be different types or variations of the Order to Surrender Firearms depending on the circumstances and the judge's discretion. Some possible variations include: 1. Temporary Order to Surrender Firearms: This type of order is typically issued at the start of the legal proceedings and remains in effect until a final determination is made by the court. It is often accompanied by a CPO and is meant to provide immediate protection to the victim. 2. Permanent Order to Surrender Firearms: In some cases, the court may issue a permanent order or a long-term order requiring the surrender of firearms. This occurs when the court determines that there is an ongoing threat of violence or if the individual has been convicted of a domestic violence offense. 3. Modified Order to Surrender Firearms: In certain situations, the court may modify an existing order to surrender firearms to adapt to changing circumstances or new evidence. This could involve adding or removing specific firearms from the order or changing the conditions of surrender. It is important to note that each order is unique and tailored to the specific circumstances of the domestic violence case, with the goal of protecting the safety and well-being of the victim. The order is typically entered into the California Law Enforcement Telecommunications System (LETS), which ensures that law enforcement agencies are aware of the order and can enforce it if necessary. Overall, the San Jose California Order to Surrender Firearms in a Domestic Violence Case, issued under Penal Code Section 136.2(a)(7)(B), is a crucial tool in mitigating the risk of further harm in domestic violence situations by preventing individuals involved from possessing firearms.In San Jose, California, an Order to Surrender Firearms in a Domestic Violence Case is a legally binding directive issued by the court under the relevant provisions of the Penal Code, Section 136.2(a)(7)(B). This order is typically issued in conjunction with a Criminal Protective Order (CPO) and is aimed at ensuring the safety of the victim and preventing further harm. The Order to Surrender Firearms is designed to restrict the possession of firearms by individuals involved in domestic violence cases, particularly those who have been accused or convicted of a domestic violence offense. It is issued by the court and must be followed by the individual named in the order. This specific type of order falls under Penal Code Section 136.2(a)(7)(B), which deals with the authority of the court to issue orders related to firearms in cases of domestic violence. The relevant keywords within this code section include "firearms," "domestic violence," and "order." There may be different types or variations of the Order to Surrender Firearms depending on the circumstances and the judge's discretion. Some possible variations include: 1. Temporary Order to Surrender Firearms: This type of order is typically issued at the start of the legal proceedings and remains in effect until a final determination is made by the court. It is often accompanied by a CPO and is meant to provide immediate protection to the victim. 2. Permanent Order to Surrender Firearms: In some cases, the court may issue a permanent order or a long-term order requiring the surrender of firearms. This occurs when the court determines that there is an ongoing threat of violence or if the individual has been convicted of a domestic violence offense. 3. Modified Order to Surrender Firearms: In certain situations, the court may modify an existing order to surrender firearms to adapt to changing circumstances or new evidence. This could involve adding or removing specific firearms from the order or changing the conditions of surrender. It is important to note that each order is unique and tailored to the specific circumstances of the domestic violence case, with the goal of protecting the safety and well-being of the victim. The order is typically entered into the California Law Enforcement Telecommunications System (LETS), which ensures that law enforcement agencies are aware of the order and can enforce it if necessary. Overall, the San Jose California Order to Surrender Firearms in a Domestic Violence Case, issued under Penal Code Section 136.2(a)(7)(B), is a crucial tool in mitigating the risk of further harm in domestic violence situations by preventing individuals involved from possessing firearms.