Is a firearm restriction mandatory even when a court imposes a protective order based solely on nonviolent behavior?

California, United States of America


The following excerpt is from Keele v. Zeal, E057125 (Cal. App. 2014):

omitted.] [] As a consequence of these 1998 amendments, intended or otherwise, a firearms restriction becomes mandatory even when a trial court imposes a protective order based solely on . . . this sort of nonviolent behavior [which] in some circumstance can 'place [the other person] in reasonable apprehension of imminent serious bodily injury.' But a trial court no longer need make such a finding in order to issue a protective order. It is sufficient the evidence demonstrate one or the other of these nonviolent acts." (Ritchie v. Konrad, supra, 115 Cal.App.4th at pp. 1297-1299.)

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