Due process of law?
Governor Schwarzenegger yesterday signed legislation by Senator Christine Kehoe (D-San Diego) that will provide additional protection for people seeking court protective orders under the Family Code…
Specifically, Senate Bill 585:
1. Adds additional provisions to the Family Code to allow law enforcement to consider seeking the immediate surrender of a firearm from a person served with a protective order.
Like the dude said: Fuck that place.
* scroll down, permalinks seem busted. Link fixed.
September 29th, 2006 at 10:47 am
I don’t see a due process violation here.
To get a PO, somebody (usually a woman) pleads to a set of facts that convince a judge that somebody else (usually a man) has repeatedly threatened or attacked her and is likely to do it again. The judge orders a temporary PO, whereupon the man has a lot of rights curtailed. He can’t contact her or go near her.
The guy then shows up on the appointed date and tells his side of the story. This is where he gets his due process. The issues are aired, evidence presented, and the judge makes a decision as to whether the guy is a continuing threat. The PO can then be made permanent, extended, or vacated.
Where in here is the due process violation? And if there is evidence that a person has attacked somebody or threatened them repeatedly, *this* is the guy you want to disarm. It’s a targetted, reasonable precaution taken in a system where both sides get their say. No due process violation that I can see.
September 29th, 2006 at 10:51 am
Without a conviction (i.e., guilt determined beyond a reasonable doubt by a jury of peers), I can’t see it. In separation/divorce situations, people lie. A lot.