California Family Code 6322.5 – (a) When relevant information is presented to the court at a …
(a) When relevant information is presented to the court at a noticed hearing that a restrained person has a firearm or ammunition, the court shall consider that information and determine, by a preponderance of the evidence, whether the person subject to a protective order has a firearm or ammunition in, or subject to, their immediate possession or control in violation of Section 6389.
(b) (1) In making the determination required pursuant to subdivision (a), the court may consider whether the restrained person filed a firearm relinquishment, storage, or sales receipt or if an exemption from the firearm prohibition was granted pursuant to subdivision (h) of Section 6389.
Terms Used In California Family Code 6322.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
(2) The court may make the determination at a noticed hearing when a domestic violence protective order is issued, at a subsequent review hearing, or at any subsequent family or juvenile law hearing while the order remains in effect.
(3) If the court makes a determination that the restrained person has a firearm or ammunition in violation of Section 6389, the court shall make a written record of the determination and provide a copy to any party who is present at the hearing and, upon request, to any party not present at the hearing.
(c) (1) When presented with information pursuant to subdivision (a), the court may set a review hearing to determine whether there has been a violation of Section 6389.
(2) The review hearing shall be held within 10 court days after the noticed hearing at which the information was presented. If the restrained person is not present when the court sets the review hearing, the protected person shall provide notice of the review hearing to the restrained person at least two court days before the review hearing, in accordance with Section 414.10 of the Code of Civil Procedure, by personal service or by mail to the restrained person’s last known address.
(3) The court may, for good cause, extend the date of the review hearing for a reasonable period or remove it from the calendar.
(4) The court shall order the restrained person to appear at the hearing.
(5) The court may conduct the review hearing in the absence of the protected person.
(6) This section does not prohibit the court from permitting a party or witness to appear through technology that enables remote appearances, as determined by the court.
(d) The determination made pursuant to this section may be considered by the court in issuing an order to show cause for contempt pursuant to paragraph (5) of subdivision (a) of Section 1209 of the Code of Civil Procedure or an order for monetary sanctions pursuant to Section 177.5 of the Code of Civil Procedure.
(Added by Stats. 2021, Ch. 685, Sec. 5. (SB 320) Effective January 1, 2022.)