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 Santa Clara, California, individuals involved in a domestic violence case may be subject to a specific order known as the Order to Surrender Firearms. This order is established under the California Law Enforcement Telecommunications System (LETS) and is closely related to a Criminal Protective Order (CPO) found in Penal Code, Section 136.2(a)(7)(B). The Order to Surrender Firearms is a crucial component of ensuring the safety and protection of victims in domestic violence situations. It prohibits the alleged offender from possessing or accessing any firearms during the duration of the order, which is typically imposed by a judge. This restriction aims to prevent any further harm or potential lethal escalation in the event of continued abuse. When a person is issued an Order to Surrender Firearms in a domestic violence case, they are required to immediately relinquish any firearms in their possession to the appropriate law enforcement agency. This includes not only handguns but also any other types of firearms such as rifles or shotguns. The surrender can be temporary or permanent, depending on the specifics of the case and the court's discretion. It is important to note that there are different types of Santa Clara California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) based on the circumstances and severity of the situation. These variations include: 1. Emergency Order to Surrender Firearms: In urgent cases where there is an immediate and significant threat to the victim's safety, law enforcement can obtain an emergency order to confiscate firearms from the alleged offender without prior notice or hearing. This type of order is typically granted when there is clear and present danger. 2. Temporary Order to Surrender Firearms: A temporary order is usually issued during the early stages of the legal process. It aims to provide temporary protection for the victim while awaiting a full hearing. The alleged offender must surrender their firearms within a specific time frame until a final decision is made by the court. 3. Permanent Order to Surrender Firearms: If the court deems it necessary to impose a long-term or permanent firearm restriction, a permanent order may be issued. This type of order can be granted after a full hearing where evidence of domestic violence is presented. The offender will be required to surrender their firearms for an extended period or possibly for life. In any case involving the Santa Clara California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B), it is imperative for the alleged offender to comply fully with the terms of the order. Failure to surrender firearms as mandated can lead to severe legal consequences, including criminal charges and potential imprisonment. By actively enforcing and upholding the Order to Surrender Firearms, authorities in Santa Clara, California, are striving to protect victims of domestic violence and prevent further harm or potential tragedy. These measures aim to create a safer environment for those affected and ensure their overall well-being.In Santa Clara, California, individuals involved in a domestic violence case may be subject to a specific order known as the Order to Surrender Firearms. This order is established under the California Law Enforcement Telecommunications System (LETS) and is closely related to a Criminal Protective Order (CPO) found in Penal Code, Section 136.2(a)(7)(B). The Order to Surrender Firearms is a crucial component of ensuring the safety and protection of victims in domestic violence situations. It prohibits the alleged offender from possessing or accessing any firearms during the duration of the order, which is typically imposed by a judge. This restriction aims to prevent any further harm or potential lethal escalation in the event of continued abuse. When a person is issued an Order to Surrender Firearms in a domestic violence case, they are required to immediately relinquish any firearms in their possession to the appropriate law enforcement agency. This includes not only handguns but also any other types of firearms such as rifles or shotguns. The surrender can be temporary or permanent, depending on the specifics of the case and the court's discretion. It is important to note that there are different types of Santa Clara California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) based on the circumstances and severity of the situation. These variations include: 1. Emergency Order to Surrender Firearms: In urgent cases where there is an immediate and significant threat to the victim's safety, law enforcement can obtain an emergency order to confiscate firearms from the alleged offender without prior notice or hearing. This type of order is typically granted when there is clear and present danger. 2. Temporary Order to Surrender Firearms: A temporary order is usually issued during the early stages of the legal process. It aims to provide temporary protection for the victim while awaiting a full hearing. The alleged offender must surrender their firearms within a specific time frame until a final decision is made by the court. 3. Permanent Order to Surrender Firearms: If the court deems it necessary to impose a long-term or permanent firearm restriction, a permanent order may be issued. This type of order can be granted after a full hearing where evidence of domestic violence is presented. The offender will be required to surrender their firearms for an extended period or possibly for life. In any case involving the Santa Clara California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B), it is imperative for the alleged offender to comply fully with the terms of the order. Failure to surrender firearms as mandated can lead to severe legal consequences, including criminal charges and potential imprisonment. By actively enforcing and upholding the Order to Surrender Firearms, authorities in Santa Clara, California, are striving to protect victims of domestic violence and prevent further harm or potential tragedy. These measures aim to create a safer environment for those affected and ensure their overall well-being.
