SB 2049

Present law provides that it is an offense to knowingly violate ( i ) a n order of protection issued pursuant to laws relative to domestic abuse or ( ii ) a restraining order issued to a victim of such laws . In order to constitute such a violation, all of the following criteria must be met:  The person must have received notice of the request for an order of protection or restraining order .  The person must have had an opportunity to appear and be heard in connection with the order of protection or restraining order .  The court made specific findings of fact in the order of protection or restraining order that the person committed domestic abuse, sexual assault, or stalking , or was convicted of a felony assaultive offense, felony criminal homicide offense , felony kidnapping or false imprisonment offense , or felony sexual offense. This bill removes the criteria above relative to having an opportunity to appear and the court having made specific findings of fact, such that, in order to constitute a v iolation of an order of protection or restraining order , the only criteria required is that the person must have received notice. SALE OF FIREARMS Present state law prohibits the s ale of firearms to certain persons, including those who a re ineligible to receive firearms under federal law that prohibits such sales to persons who ha ve been convicted of a misdemeanor crime of domestic violence . Present state law clarifies that for purposes of such prohibition, the violation of a protective order , as described above, is considered a " misdemeanor crime of domestic violence "" for purposes of such federal law. This bill removes that clarification."