Firearms and Domestic Violence Cases
The law requires a judge when issuing a criminal protective order under Penal Code Section 136.2 during a criminal case or as a condition of probation under Penal Code Section 1203.097 against a person charged/convicted or a misdemeanor or felony crime of domestic violence to determine if there is good cause to believe the person charaged or convicted has a firearm within his or her possession or control. The judge considers all information including information provided by the person charged. If the judge finds good cause to believe the person possesses or controls a firearm, the judge must set a hearing to determine whether the person has relinquished the firearm. The burden of proof at the review hearing is on the prosecution. The judge must give the person charged an opportunity to present evidence to refute allegations that he or she owns/controls firearms. Where the judge has issued a protective order, and finds that the person has a firearm, the judge must consider whether bail or the person's own-recognizance (OR) release is appropriate. If you are arrested or charged with a domestic violence related offense, contact Christine McGuire, the Santa Cruz Domestic Violence Defense Attorney/Lawyer, Santa Clara County Domestic Violence Defense Attorney/Lawyer.