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  1. #1
    Join Date
    Mar 2010
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    3

    Default Domestic Battery and Simple Battery in CA

    My question involves criminal law for the state of: California

    I have 3 parts to this post:

    1. Charged with 243(e)1 and 242(a). It is set to go to trial since the DA would not work with my lawyer during there first meeting. The judge was surprised that there wasnt a "plea deal" and that the charges were not changed at all. He instructed both sides to meet and try to work this out since I have never been in trouble before. Do you beleive the DA thinks there case is strong or is this normal?

    2. The DA put a CPO-CLET order on me that bars me from contacting my wife, etc. It does not list my 12 year old son on it. Is it ok for him to call and talk to me as long as I do not call? Also, my attorney is going to call and arrange visitation and have my brother pick him up. My attorney says this is ok under the order but I want to make sure (I know, I should just trust my attorney) but i wanted to ask.


    3. When this incident happened the police confiscated all of my guns from my locked safe with my permission (I was told it was this or they would have a locksmith get in it). Mistake?

    So as of now, I have not been convicted of anything but if I am, is there a way to get my guns released from the police to my attorney (or a person designated Power of Attorney") so they can be sold to a FFL?

    I am familiar with the DOJ LEGR form that would release them back to me if I am not convicted but there isnt too much information about what happens to seized guns if you are convicted and cannot possess them.

    Also, does a Misdemeanor - Disorderly Conduct also bar me from owning firearms?

    Thank you in advanced!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Domestic Battery and Simple Battery in CA

    Quote Quoting needhelp01
    View Post
    1. Charged with 243(e)1 and 242(a). It is set to go to trial since the DA would not work with my lawyer during there first meeting. The judge was surprised that there wasnt a "plea deal" and that the charges were not changed at all. He instructed both sides to meet and try to work this out since I have never been in trouble before. Do you beleive the DA thinks there case is strong or is this normal?
    I am surprised that PC 242 was also filed. A domestic battery is 243(e)(1). Did you fight with, or in any way push, shove or strike someone else?

    2. The DA put a CPO-CLET order on me that bars me from contacting my wife, etc.
    Actually a JUDGE did that. The DA may have requested it, but only a judge can issue a CPO.

    It does not list my 12 year old son on it. Is it ok for him to call and talk to me as long as I do not call?
    If he is not indicated, and as long as you do not ask him to pass anything on to his mom, it is probably okay. But, ANYTHING asked to be related to the protected party could result in your going to jail.

    Also, my attorney is going to call and arrange visitation and have my brother pick him up. My attorney says this is ok under the order but I want to make sure (I know, I should just trust my attorney) but i wanted to ask.
    Unless prevented by a court order, or your brother communicates to the protected party, then it is okay.

    3. When this incident happened the police confiscated all of my guns from my locked safe with my permission (I was told it was this or they would have a locksmith get in it). Mistake?
    They had an obligation to get the firearms. If they had not seized them, then you would have had to get rid of them when served with the CPO.

    So as of now, I have not been convicted of anything but if I am, is there a way to get my guns released from the police to my attorney (or a person designated Power of Attorney") so they can be sold to a FFL?
    You can arrange for their sale via a gun dealer.

    I am familiar with the DOJ LEGR form that would release them back to me if I am not convicted but there isnt too much information about what happens to seized guns if you are convicted and cannot possess them.
    If you do not arrange for their sale, and the agency has a policy to dispose of them after a given time frame, they can destroy or auction them - or, they could choose to adopt them for agency use.

    Also, does a Misdemeanor - Disorderly Conduct also bar me from owning firearms?
    It all depends on what code section you are convicted of ... if you are convicted.

  3. #3
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Domestic Battery and Simple Battery in CA

    I am surprised that PC 242 was also filed. A domestic battery is 243(e)(1). Did you fight with, or in any way push, shove or strike someone else?


    Actually a JUDGE did that. The DA may have requested it, but only a judge can issue a CPO.


    If he is not indicated, and as long as you do not ask him to pass anything on to his mom, it is probably okay. But, ANYTHING asked to be related to the protected party could result in your going to jail.


    Unless prevented by a court order, or your brother communicates to the protected party, then it is okay.


    They had an obligation to get the firearms. If they had not seized them, then you would have had to get rid of them when served with the CPO.


    You can arrange for their sale via a gun dealer.


    If you do not arrange for their sale, and the agency has a policy to dispose of them after a given time frame, they can destroy or auction them - or, they could choose to adopt them for agency use.


    Quote Quoting cdwjava
    View Post
    It all depends on what code section you are convicted of ... if you are convicted.
    Do you know what code section it is?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Domestic Battery and Simple Battery

    Whether or not you will be prohibited from having a firearm will depend on the specific code section you are convicted of. If you have not been convicted, yet, there is no way to say whether or not you will be prohibited. However, but 243(e)(1) and 242 will have a 10 year prohibition and force the sale of any firearms.

    Here is a link to ALL the specifics:

    http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf

  5. #5
    Join Date
    Mar 2010
    Posts
    3

    Default Re: Domestic Battery and Simple Battery

    Thank you for the help.

    Will an Administrator please delete this post? Thank you.

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