Intimate partners in California are protected under domestic violence laws. The partners may be heterosexual or homosexual people who are married or divorced, living together, have children together, or dating. Upon arrival at a location with a domestic violence allegation, the police are usually obligated to temporarily remove any firearms or other deadly weapons from the area.

Included in the domestic violence offenses that lead to firearm or other weapons seizures are battery, sexual battery, intentional infliction of injury, criminal threats, intimidation, the violation of a protective order, or stalking against one’s intimate partner. In addition, if a restraining order has been granted against the accused, the accused cannot own, possess, purchase, receive or attempt to purchase or receive a firearm while the order is in effect. Furthermore, possession of a firearm by a person under such an order is a crime punishable as a federal offense.

Even if the authorities do not remove the firearms from the accused’s home, he or she must voluntarily surrender all weapons within 24 hours after being served with a restraining order. “Surrendering firearms” can include selling them to a licensed gun dealer or giving them to local law enforcement officials who may charge a storage fee. The defendant must also file a receipt with the court showing that he or she properly surrendered the firearms. If the defendant ignores the mandate or illegally disposes of the firearms, he or she may face additional criminal charges.

In some instances, a defendant may be required to own a firearm as part of his or her job. If the employer is unable to temporarily assign the individual to another position, there is a slight possibility that the order may be modified to allow the defendant to carry his or her firearm at work. Without the modification, the accused could lose his or her job. Contacting an experienced attorney immediately after the arrest will give a defendant the best opportunity to eliminate or lessen the harsh legal consequences of the incident.

Because the accused has not had his or her day in court, confiscation of the person’s firearms actually implies that the accused is considered guilty until proven innocent – an assertion completely at odds with the very foundation on which our criminal justice system was built. Securing a trained attorney can prevent the accused from being treated as guilty until the judge or jury hears the both sides of the story.

For the defendant to recover the seized firearms, he or she must be acquitted of the domestic violence charges, or if a protective order was granted, it must be removed. A defense attorney can assist with filing an application with the Department of Justice to retrieve the firearms as quickly as possible. It is important to note that knowingly omitting required information or providing false information in connection with such an application is a separate crime and leads to additional legal problems.

The worst action a defendant can take is no action. Hiring an attorney who can protect the defendant’s rights is imperative. Attorneys at the Kavinoky Law Firm have worked with numerous individuals and have successfully defended against many California domestic violence charges. They can also help the defendant manage the additional restrictions that usually accompany those types of offenses. Contacting a Kavinoky lawyer is the best way to return life to normal and successfully beat the charges.