Page 2 of 2 FirstFirst 1 2
Results 11 to 16 of 16
  1. #11
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,091

    Default Re: Tro and Firearms

    Quote Quoting jeffdickey
    View Post
    is the restraining order put in the system, such that any law enforcement in calif, can pull up the order, after entering the individual's name? or is just restricted to the county where the order was filed? i.e., not statewide?
    The database (formerly known as DVROS) is nationwide.

    Quote Quoting pg1067
    View Post
    "TRO" is an acronym. It stands for "temporary restraining order." A TRO is an order that prohibits a person or entity from doing something (and may also direct the person/entity to do something). A TRO may direct Person X to stay at least 500 feet away from Person Y. It may also prohibit Person X from owning or possessing a firearm. A TRO might prohibit Person X from making certain statements or from soliciting clients of Person Y.

    In other words, TROs come in all shapes and sizes, so the answer to your question is that it depends on what the TRO says.



    Hold on a second. The laws to which you refer apply to a very specific type of restraining order, and the OP did not specify any particular type of TRO.
    Most CA TROs are DV TROs. Civil Harassment Orders and Criminal Protective Orders also exist, but those also typically have firearm restrictions as well. It has been years since I have seen any of these orders NOT include a firearm prohibition. So, while it is possible that there is no firearm prohibition, experience tells me that this is not going to be the case unless the order was a CHO issued because of annoying phone calls and he lives far from the victim. Best to err on the side of caution and NOT be anywhere NEAR a firearm.

    The PERMANENT order may modify the conditions of a CHO or non-DV TRO, but, a TRO received ex parte almost always (ALWAYS, in my experience) has a firearm prohibition. CA errs on the side of caution and tends to take any opportunity to separate someone from their firearms.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  2. #12
    Join Date
    Nov 2015
    Posts
    20

    Default Re: Tro and Firearms

    s the restraining order put in the system, such that any law enforcement in calif, can pull up the order, after entering the individual's name?
    if after entering name and relevant id info, can any law enforcement officer see the active restraining in their system?

  3. #13
    Join Date
    Sep 2010
    Posts
    18,537

    Default Re: Tro and Firearms

    Yes, the TRO is put into CLETS so any interaction with law enforcement will display it.

  4. #14
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,091

    Default Re: Tro and Firearms

    Quote Quoting jeffdickey
    View Post
    s the restraining order put in the system, such that any law enforcement in calif, can pull up the order, after entering the individual's name?
    if after entering name and relevant id info, can any law enforcement officer see the active restraining in their system?
    Yes. As flyingron said, it will be entered into CA's CLETS and DVROS, and from there able to be accessed through the nationwide NCIC system where it will become part of the POF (Protection Order File).

    If the protected party's name is run for anything more than simply license status, it is pretty much automatic that an inquiry will also be made to the protected order files.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #15
    Join Date
    Nov 2015
    Posts
    20

    Default Re: Tro and Firearms

    once the tro is removed or rescinded, will the individual who has the TRO against him, will his name then removed from CA's CLETS and DVROS?

  6. #16
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,091

    Default Re: Tro and Firearms

    Quote Quoting jeffdickey
    View Post
    once the tro is removed or rescinded, will the individual who has the TRO against him, will his name then removed from CA's CLETS and DVROS?
    Yes. Once removed, it will no longer be active in either system.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2

Similar Threads

  1. Probation and Parole: New Charge with an Active ACD
    By catrivs in forum Probation, Parole and Incarceration
    Replies: 2
    Last Post: 04-20-2011, 08:38 AM
  2. Unemployment Benefits: Is EB Benefit Active in New Jersey
    By cin5819 in forum Employment and Labor
    Replies: 1
    Last Post: 02-25-2011, 08:59 AM
  3. Arrest Warrants: Active Warrant
    By aa33030 in forum Criminal Procedure
    Replies: 3
    Last Post: 03-03-2010, 06:12 PM
  4. Assault & Battery: Aggravated Assault With a Firearm, but No Firearm Recovered or Witnesses
    By nbaker5 in forum Criminal Charges
    Replies: 10
    Last Post: 04-17-2009, 11:17 AM
 
 
Sponsored Links

Legal Help, Information and Resources