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.
Simi Valley California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) is a legal provision aimed at ensuring the safety of victims in domestic violence cases. This detailed description will provide relevant information about this order, including its purpose, application process, and potential consequences for non-compliance. In Simi Valley, California, when a domestic violence case involves firearms, the court may issue an Order to Surrender Firearms. This order is enforced under the California Law Enforcement Telecommunications System (LETS) and is known as a Criminal Protective Order (CPO) pursuant to Penal Code Section 136.2(a)(7)(B). The purpose of this order is to remove firearms from individuals involved in domestic violence incidents to protect potential victims from further harm. The Order to Surrender Firearms applies specifically to individuals who have been accused of domestic violence offenses and who possess firearms or ammunition. This includes anyone named as a restrained person or respondent in a Domestic Violence Restraining Order (DVR) or any similar protective order issued by the court. The order compels the individual to surrender all firearms, ammunition, magazines, and firearm accessories in their possession, custody, or control. The application process for the Order to Surrender Firearms involves the victim, law enforcement agencies, and the court system. The victim must report the presence of firearms to law enforcement and provide relevant evidence or information supporting their concern for their safety. Law enforcement officers will then investigate the claim and may submit a report to the District Attorney's Office. Based on this report, the District Attorney's Office will file a request with the court for the Order to Surrender Firearms. Once the order is issued, law enforcement agencies, such as the Simi Valley Police Department, will enforce it by serving the restrained person with a copy of the order. The restrained person must comply with the order by surrendering all firearms and related items within a specified timeframe, typically 24-48 hours. Failure to comply with the order can result in legal consequences, such as criminal charges and penalties, including imprisonment and fines. It is crucial to note that there are different types of orders that may be issued under Penal Code Section 136.2(a)(7)(B). For example: 1. Temporary Restraining Order (TO): This is a temporary order issued by the court to protect the victim from potential harm while the domestic violence case is ongoing. It may include provisions for the surrender of firearms. 2. Emergency Protective Order (EPO): In cases where immediate protection is necessary, law enforcement officers may request an emergency protective order from a judge. This order may also include directives for surrendering firearms. 3. Domestic Violence Restraining Order (DVR): This is a long-term order issued by the court after a hearing occurs. In addition to prohibiting contact and restraining the restrained person, it may include provisions for surrendering firearms. In conclusion, Simi Valley California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) is an important legal measure aimed at protecting victims of domestic violence. It requires individuals accused of domestic violence offenses to surrender their firearms and related items. Failure to comply with this order can have serious legal consequences. Different types of orders, such as Temporary Restraining Orders, Emergency Protective Orders, and Domestic Violence Restraining Orders, may be issued under this provision, depending on the circumstances of the case.Simi Valley California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) is a legal provision aimed at ensuring the safety of victims in domestic violence cases. This detailed description will provide relevant information about this order, including its purpose, application process, and potential consequences for non-compliance. In Simi Valley, California, when a domestic violence case involves firearms, the court may issue an Order to Surrender Firearms. This order is enforced under the California Law Enforcement Telecommunications System (LETS) and is known as a Criminal Protective Order (CPO) pursuant to Penal Code Section 136.2(a)(7)(B). The purpose of this order is to remove firearms from individuals involved in domestic violence incidents to protect potential victims from further harm. The Order to Surrender Firearms applies specifically to individuals who have been accused of domestic violence offenses and who possess firearms or ammunition. This includes anyone named as a restrained person or respondent in a Domestic Violence Restraining Order (DVR) or any similar protective order issued by the court. The order compels the individual to surrender all firearms, ammunition, magazines, and firearm accessories in their possession, custody, or control. The application process for the Order to Surrender Firearms involves the victim, law enforcement agencies, and the court system. The victim must report the presence of firearms to law enforcement and provide relevant evidence or information supporting their concern for their safety. Law enforcement officers will then investigate the claim and may submit a report to the District Attorney's Office. Based on this report, the District Attorney's Office will file a request with the court for the Order to Surrender Firearms. Once the order is issued, law enforcement agencies, such as the Simi Valley Police Department, will enforce it by serving the restrained person with a copy of the order. The restrained person must comply with the order by surrendering all firearms and related items within a specified timeframe, typically 24-48 hours. Failure to comply with the order can result in legal consequences, such as criminal charges and penalties, including imprisonment and fines. It is crucial to note that there are different types of orders that may be issued under Penal Code Section 136.2(a)(7)(B). For example: 1. Temporary Restraining Order (TO): This is a temporary order issued by the court to protect the victim from potential harm while the domestic violence case is ongoing. It may include provisions for the surrender of firearms. 2. Emergency Protective Order (EPO): In cases where immediate protection is necessary, law enforcement officers may request an emergency protective order from a judge. This order may also include directives for surrendering firearms. 3. Domestic Violence Restraining Order (DVR): This is a long-term order issued by the court after a hearing occurs. In addition to prohibiting contact and restraining the restrained person, it may include provisions for surrendering firearms. In conclusion, Simi Valley California Order to Surrender Firearms in Domestic Violence Case LETSTS - CPO - Penal Code, Sec. 136.2(a)(7)(B) is an important legal measure aimed at protecting victims of domestic violence. It requires individuals accused of domestic violence offenses to surrender their firearms and related items. Failure to comply with this order can have serious legal consequences. Different types of orders, such as Temporary Restraining Orders, Emergency Protective Orders, and Domestic Violence Restraining Orders, may be issued under this provision, depending on the circumstances of the case.
