The Firing Line Forums - View Single Post - California: "Gun Violence Restraining Orders"

KyJim · September 30, 2014, 10:46 PM

I've done a quick skim of the bill's provisions. There are two provisions for temporary ex parte restraining orders, one taken out on an emergency basis on application by a law enforcement officer and the other by an immediate family member. An application by an LEO requires "reasonable cause" to believe the person presents an immediate danger to that person or another. For family members, there must be "substantial likelihood" of that.

The emergency orders expire no later than 21 days after issuance and a "normal" order requires a hearing and proof by clear and convincing evidence and is good for a year. It can be terminated early on request and can be extended upon a proper showing.

This is a VERY brief summary. My point is that it is not that bad.

http://leginfo.legislature.ca.gov/fa...01320140AB1014

September 30, 2014, 10:46 PM	#4
KyJim Senior Member Join Date: July 26, 2005 Location: The Bluegrass Posts: 9,142	I've done a quick skim of the bill's provisions. There are two provisions for temporary ex parte restraining orders, one taken out on an emergency basis on application by a law enforcement officer and the other by an immediate family member. An application by an LEO requires "reasonable cause" to believe the person presents an immediate danger to that person or another. For family members, there must be "substantial likelihood" of that. The emergency orders expire no later than 21 days after issuance and a "normal" order requires a hearing and proof by clear and convincing evidence and is good for a year. It can be terminated early on request and can be extended upon a proper showing. This is a VERY brief summary. My point is that it is not that bad. http://leginfo.legislature.ca.gov/fa...01320140AB1014