The bill also protects domestic violence victims by specifying that the plaintiff may provide information concerning firearms to which the defendant has access, including the location of these firearms, if known, on a form to be prescribed by the Administrative Director of the Courts. The form is to also clarify the confidential nature of this information.
Note that the “confidential nature” of the above-referenced information is directly at odds with a defendant’s constitutional right to exculpatory impeachment evidence. This creates a significant issue in cases in which the alleged victim provides false or contradictory information in the form.
Under the bill, an order for a temporary or final restraining order is to include notice to the defendant of the penalties for a violation of any provision of the order, including but not limited to the penalties for contempt of court and unlawful possession of a firearm or other weapon.