Gang injunctions are civil court orders that law enforcement use as a tool to distinguish people who are gang members so that they can restrict their activities in a defined area. Gang injunctions are essentially restraining orders for gangs that have committed alleged crimes or are a nuisance to the public. A gang injunction names certain individuals, specifies a certain area called a “safety zone,” and prohibits the group from participating in specific activities. Violators of the injunction can be held in contempt of court and face sanctions. Although the intention behind gang injunctions might be to reduce crime, they can make common everyday activities illegal for people they target.
How to Remove a Gang Injunction
If you have been served with a gang injunction and want to have it removed because you no longer are or never were a gang member, then you can complete a Petition for Removal from Gang Injunction Enforcement and file it with the Los Angeles City Attorney’s Office. Although the review process is supposed to be informal and does require the filing documents with the court appearing before a judge, the Los Angeles City Attorney’s Office does require petitioners to submit a completed version of the Removal from Gang Injunction Enforcement form.
Eligibility for removal from a gang injunction is dependent on whether the petitioner provides sufficient information that proves the following:
- They no longer are, or never were, a member of the gang named in the Gang Injunction.
- They are not now acting, and will not in the future act to promote, further, or assist any of the activities prohibited by the Gang Injunction on behalf of the gang named in the injunction.
- They are not a member of any other criminal street gang.
Gang Injunction Removal Review Process
The review process for a gang injunction removal is conducted by a senior attorney at the City Attorney’s Office who isn’t involved in the enforcement of these types of injunctions. This attorney will review all of the information contained in your petition and any other available and reliable information concerning your past and present membership in or involvement with criminal street gangs.
The attorney might contact you for additional information or contact other people you know who might have information relevant to the review process. The decision to remove or not remove you from the Gang Injunction can be given to you at your home address. However, if you are concerned about your safety, this can occur at a different address.
If your petition is denied, you can submit a new one if you have substantial new information to report that supports your claim that you no longer affiliate with gangs.
Do I Need a Lawyer to Assist with My Petition?
A gang injunction removal case can be very complex. This is why it’s crucial to speak to a seasoned criminal defense attorney if you wish to petition for removal. Our dedicated lawyers at Lessem, Newstat & Tooson, LLP can examine the details of your case and help track down all of the evidence you need to build a strong petition so you can pursue a positive outcome. When you choose our firm, we will work diligently to protect your rights and future, so get in touch with our team right away.
Give us a call at (800) 462-7160 if you’re ready to get started on your free case consultation.