NCJ Number
178223
Journal
Law Enforcement Quarterly Volume: 28 Issue: 1 Dated: Spring 1999 Pages: 28-31
Date Published
1999
Length
4 pages
Annotation
Civil injunctions are used as a tool by the police to deal with criminal activities by gangs in California.
Abstract
There are more than 30 civil injunctions in California in connection with gangs in such cities as Santa Ana, San Diego, Los Angeles, Burbank, and San Jose. Gang injunctions start with a civil lawsuit. The lawsuit is based on the California Civil Code related to public nuisances that defines a public nuisance as anything injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, that interferes with the comfortable enjoyment of life. The lawsuit alleges that gangs create a public nuisance in neighborhoods, and the remedy sought is a court order to stop the nuisance activity. Further, the lawsuit is like any other civil lawsuit in which defendants have 30 days to respond and it may take at least a year to resolve the lawsuit. Not wanting to wait a year for the court order in gang cases, California prosecutors usually ask for a temporary restraining order (TRO) at the time the lawsuit is filed. When the court grants the TRO, restrictions become effective immediately, but defendants can be arrested for violating the TRO only if they are given actual notice of the order. The court then sets another hearing date for a preliminary injunction where defendants get at least a 2-week notice. Before the preliminary injunction hearing, the prosecutor must file evidence to prove he or she is likely to win when the case goes to trial. The preliminary injunction may not become permanent. If it becomes permanent, it usually prohibits conduct known to be a precursor to criminal conduct and conduct that creates a public nuisance. The prosecutor has the option of filing civil or criminal contempt charges for violations of the injunction. 1 table and 2 photographs