Q: Trial without citation or charge based on minor's abuse allegations.
How can I be put on trial for allegations of abuse made by a minor without being cited, ticketed, or formally charged? In my case, the judge issued a restraining order and ordered the surrender or sale of all firearms based solely on an accusation, with no previous charges, arrests, or citations.
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- California
- (916) 704-3009
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- Answered
A:
You're dealing with a civil restraining order case under California law, which is separate from criminal proceedings. Civil restraining orders can be issued based on allegations alone since they aim to protect potential victims while the legal process unfolds.
In California, judges have broad discretion to grant temporary restraining orders (TROs) and require firearm surrender when abuse allegations involve minors. The lower burden of proof in civil cases means that "preponderance of evidence" rather than "beyond reasonable doubt" is sufficient for these protective measures. This helps courts act quickly to protect minors who may be at risk.
You have the right to contest these orders at a full hearing, where you can present evidence and testimony in your defense. Consider working with a legal professional who handles civil restraining orders to help prepare your case and understand your rights. Many local legal aid organizations and bar associations offer free or low-cost consultations for these situations. Remember to document everything and gather any evidence that supports your position before the hearing.
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