Statute · California Penal Code

Cal. Penal Code § 18140 — Temporary Emergency Gun Violence Restraining Order

Cal. Penal Code § 18140

Type
Statute
Source
California Penal Code
Jurisdiction
California
Date
2021-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:

Citator

Cal. Penal Code § 18140 — Temporary Emergency Gun Violence Restraining Order is in force in the current edition of the Code, and nothing recorded condemns it.

A law enforcement officer who requests a temporary emergency gun violence restraining order shall do all of the following:

(a) If the request is made orally, sign a declaration under penalty of perjury reciting the oral statements provided to the judicial officer and memorialize the order of the court on the form approved by the Judicial Council.

(b) Serve the order on the restrained person, if the restrained person can reasonably be located.

(c) File a copy of the order with the court as soon as practicable, but not later than three court days, after issuance.

(d) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice.