New Gun Violence Restraining Order Designed To Help Protect Against Domestic Violence And Mass Shootings.
Last month, Governor Jerry Brown signed a law that will provide Californians with access to a new type of restraining order. Known as the “Gun Violence Restraining Order” law, this measure is designed to protect families from domestic violence as well as protect the public from mass shooting incidents.
Under the law, close family members and law enforcement agencies are able to petition the court to issue an order for an individual’s firearms to be temporarily confiscated. This can be done in situations where there is a legitimate fear that the individual will use the guns to commit violence. The initial order lasts for 21 days, but can be extended for up to a year depending on the result of an additional hearing.
The gun violence restraining order law was introduced in response to an incident in Santa Barbara last May, where police were not able to find any legal means to confiscate guns from an individual whose family worried might he become violent. Shortly thereafter this individual killed 6 people and wounded 13 more using knives and guns.
The new restraining order law also has great potential to protect against violence on a smaller scale. Research has shown that having a gun in the home plays a significant role in the severity of domestic violence:
- Abused women are five times more likely to be killed by their abuser if that person owns a firearm.
- Domestic violence assaults involving a gun are 12 times more likely to result in death than those involving other weapons or bodily force.
- More than two-thirds of spouse and ex-spouse homicide victims between 1980 and 2008 were killed with firearms.
- In 2011, nearly two-thirds of women killed with guns were killed by their intimate partners.
If you have been the victim of domestic violence, you may legitimately fear your partner may eventually use a gun against you. One survey of women in a California domestic violence shelter found that in 64.5 percent of homes where a gun was present, the women had been threatened with it.
The attorneys at Kendall & Gkikas can help you explore your options for protecting yourself from domestic violence and escaping an abusive marriage. We offer assistance with domestic violence restraining orders that can provide immediate protection while you initiate a divorce proceeding.
