California Creates a New Restraining Order Aimed at Gun Violence

California Creates a New Restraining Order Aimed at Gun Violence

Under a new California law, a police officer or immediate family member, may seek a one year restraining order if there is cause that the restrained person ‘poses a significant danger’ of harm to self, or another in the near future, by having custody or control of, or owning, purchasing, possessing, or receiving a firearm; and that the order is necessary to prevent personal injury to that person, or another.

While restraining orders have traditionally come with a ban on the possession of guns for the restrained party, those orders have up till now only been issued when the party has engaged in a pattern of harassment towards another, i.e. past conduct. These new orders appear to be available when a restrained person possesses a future or potential risk of harm. The prospective nature of these restraining orders is a significant change in the law.

These new types of restraining orders are valid for up to one year and then renewable if there is a showing of cause that the danger still exists. Since the law is relatively new, there is no clear guidance as to what is considered a ‘significant danger’ and extensive litigation on the definition is likely to occur.

If you are seeking a restraining order or one has been sought against you, contact The Law Offices of Ross Green for a free consultation at 650-780-0707 or via the internet at rossgreenlaw.com. The firm is located at 600 Allerton Suite, Suite 202G, Redwood City, CA 94063.

The Law Offices of Ross Green is a Criminal Defense Firm specializing in Restraining Orders, DUI/DWI, Petty Theft, Domestic Violence and all other criminal offenses. Former Prosecutor on your side. Servicing Redwood City, San Mateo County, San Francisco, Palo Alto, and the Greater Bay Area.