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ORDERS OF PROTECTION Guns and Forms Judge Elizabeth R. Finn Presiding Judge Glendale City Court OrderofProtection June 22, 2005 Annual Judicial Conference.

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Presentation on theme: "ORDERS OF PROTECTION Guns and Forms Judge Elizabeth R. Finn Presiding Judge Glendale City Court OrderofProtection June 22, 2005 Annual Judicial Conference."— Presentation transcript:

1 ORDERS OF PROTECTION Guns and Forms Judge Elizabeth R. Finn Presiding Judge Glendale City Court OrderofProtection June 22, 2005 Annual Judicial Conference

2 State Firearms Statute Defendant can be prohibited from possessing or purchasing firearms

3 ä Court finds credible threat to physical safety ä Defendant shall not possess firearms or (checkbox) ammunition (checkbox) ammunition ä Defendant shall transfer firearms immediately but no less than 24 hours after service ä Court finds credible threat to physical safety ä Defendant shall not possess firearms or (checkbox) ammunition (checkbox) ammunition ä Defendant shall transfer firearms immediately but no less than 24 hours after service State Firearms Statute

4 Lautenberg Amendment 18 U.S.C. 925 (a)(1) ä No possession of firearm if convicted of misdemeanor crime of domestic violence ä Effective date September 30, 1996 ä Relationship test: marriage, lived together or child in common ä No exemptions BUT RETROACTIVE ä A.R.S applies if no serious physical injury or deadly weapon or victim under 15 years of age ä No possession of firearm if convicted of misdemeanor crime of domestic violence ä Effective date September 30, 1996 ä Relationship test: marriage, lived together or child in common ä No exemptions BUT RETROACTIVE ä A.R.S applies if no serious physical injury or deadly weapon or victim under 15 years of age

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6 6. The Court finds that the Defendant represents a credible threat to the physical safety of the Plaintiff and/or may inflict bodily injury or death on the Plaintiff The Court finds that the Defendant represents a credible threat to the physical safety of the Plaintiff and/or may inflict bodily injury or death on the Plaintiff. 10.The Defendant received actual notice of this hearing and had an opportunity to participate and the plaintiff and defendant have the relationship of intimate partner. STATE STATUTE BRADY INDICATOR

7 BRADY-FIREARMS Subtitle D ä 18 U.S.C. 921(a),922(d) & 926(a) ä Must be intimate partner (child, spouse or former or living together now or in past) ä No finding of credible threat necessary – do not have to check #6 ä Lasts for the length of the order ä Issued after hearing in which person received actual notice ä Exemptions ä 18 U.S.C. 921(a),922(d) & 926(a) ä Must be intimate partner (child, spouse or former or living together now or in past) ä No finding of credible threat necessary – do not have to check #6 ä Lasts for the length of the order ä Issued after hearing in which person received actual notice ä Exemptions

8 ä State statute ä Protective orders only ä No hearing required ä No relationship required ä Lasts length of order ä No exemptions ä Brady ä Only AFTER a hearing ä Must meet relationship test ä Lasts length of Order ä Exemptions ä Lautenberg ä Criminal convictions ä Relationship test ä Lifetime prohibition ä No exemptions ä State statute ä Protective orders only ä No hearing required ä No relationship required ä Lasts length of order ä No exemptions ä Brady ä Only AFTER a hearing ä Must meet relationship test ä Lasts length of Order ä Exemptions ä Lautenberg ä Criminal convictions ä Relationship test ä Lifetime prohibition ä No exemptions Contrasts

9 ä Judge holds hearing – no changes – what paperwork needs to be generated? ä Notice to Sheriff of Brady Disqualification ä Judge holds hearing – no changes – what paperwork needs to be generated? ä Notice to Sheriff of Brady Disqualification Assume Relationship Met

10 ___________________________ __ ___________________ Plaintiff ___________________ Date of Birth -vs- ___________________ Defendant Court Case No. Court No., NCIC Court No., DPS BRADY FORM IF NO CHANGES AFTER HEARING NOTICE TO SHERIFF OF BRADY DISQUALIFICATION No change at hearing

11 Changes in New Forms

12 Current Form

13 AZ Prohibits Release of SSN New Form

14 AZ Prohibits Release of SSN New Form

15 AZ Prohibits Release of SSN New Form

16 Current Warnings

17 AZ Prohibits Release of SSN Release of SSN

18 AZ Prohibits Release of SSN Release of SSN Verify Validity

19 Current Form Mandatory Orders

20 New Form Mandatory Orders

21 Current Form

22 AZ Prohibits Release of SSN Release of SSN New Form

23 ä Member of household ä Combined line for school and other ä Deleted setting for hearing ä Merged counseling line into other ä Brady not mentioned ä Use Notice to Sheriff form ä Member of household ä Combined line for school and other ä Deleted setting for hearing ä Merged counseling line into other ä Brady not mentioned ä Use Notice to Sheriff form Changes

24 ä Instead of saying: No contact in person, in writing etc., now will state ä No contact except as checked. So if no checks, then no contact at all ä Will save time for judges ä Will save data entry for clerks ä Will be more enforceable by law enforcement providing more victim safety ä Instead of saying: No contact in person, in writing etc., now will state ä No contact except as checked. So if no checks, then no contact at all ä Will save time for judges ä Will save data entry for clerks ä Will be more enforceable by law enforcement providing more victim safety Changed Logic

25 New No Contact Phrase

26 ä Workgroup still working on other forms ä AOC will need time to program CPOR ä AOC will need time to program AZTEC to produce the form and update CPOR ä Contact: ä ä ä Workgroup still working on other forms ä AOC will need time to program CPOR ä AOC will need time to program AZTEC to produce the form and update CPOR ä Contact: ä ä More to Come


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