A gang injunction is generally defined as a type of legal remedy that is granted under certain conditions in a civil lawsuit. Specifically, a gang injunction is essentially a restraining order against a group that acts similarly to a street gang. In many cases, a gang injunction will state that a particular group’s behavior constitutes a nuisance. Therefore, the injunction document may ask that a court impose special restrictions on that specific gang’s behavior.
The majority of gang injunctions may also contain the name of each alleged individual gang member and provide a list of the types of activities that the named gang members will be prohibited from engaging in (e.g., committing aggravated assault and battery or armed robbery). In addition, a gang injunction will also say where the injunction applies and will specify a geographical area known as the “zone of safety.”
Some common examples of prohibited gang-related activities that are often listed in this court-issued document may include the following:
- Acting as a lookout during the commission of a crime on behalf of the entire gang or some gang members;
- Fighting with other gang members or persons who are not part of the gang;
- Ingesting illegal substances or drugs, such as narcotics;
- Wearing clothing that is a certain color or contains a symbol that represents a gang sign;
- Performing an illegal act in order to be initiated into a particular street gang; and/or
- Engaging in various other kinds of gang-related activities (e.g., stealing, threatening, injuring, or murdering other individuals like members from a rival gang).
If you need assistance with a case that may result in a gang injunction or if you need help asking a court to remove a gang injunction that was previously imposed upon you, then you may want to consider hiring a local criminal lawyer for further legal advice. An attorney can provide guidance on how to navigate either of these procedures and can ensure that you receive fair treatment under the law.
One final important note to keep in mind about gang injunctions is that they may impede on an individual’s civil liberties. An attorney will be able to inform you whether the prohibited activities in your gang injunction are considered legally valid and constitutional.
Why Would a Gang Injunction Prohibit Activities That Are Already Illegal?
The activities listed in the terms of some gang injunctions may already be considered to be illegal. The main difference here is that including them within the terms of a gang injunction means that the violator can be held in contempt of court for their actions as well. In other words, on top of the sentence they receive for their illegal conduct, they will receive an additional penalty for violating a direct order from the court.
Another reason why a gang injunction may be granted by a court is so that the authorities in a particular area will only need to reach the legal standard required for civil cases, which is much lower than the legal standard that must be met in a criminal court.
Thus, by including actions that are already illegal as part of a civil lawsuit, it may help to curb gang-related activities without having to go through the process and meet the higher threshold that is required in a criminal trial.
Can a Gang Injunction Stop Me From Going to Work or Living in the “Safety Zone”?
A gang injunction can prevent an individual from interacting with others in their community or traveling to places in town that are known to be frequented by gang members. However, a gang injunction cannot prevent an individual from going to work or living in the so-called “safety zone.”
Briefly, the safety zone is a designated area within a gang injunction that lists the places where known gang members are banned from speaking or meeting with each other.
Gang injunctions are intended to stop named individuals from behaving in a certain way within a particular area or from hanging out with other individuals who are known or who are assumed to be affiliated with a gang. However, they have generally not been effective in preventing gang activity from occurring.
How Are Gang Injunctions Enforced?
In general, a gang injunction is essentially a court order that says to refrain from doing certain activities. Accordingly, when an individual violates the terms of a gang injunction, they will be treated as if they violated a standard court order. This means that they can be held in contempt of court, can be charged heavy criminal fines, and may even be required to serve a jail sentence.
For example, a person who violates the terms of a gang injunction in the state of California may have to pay $1,000 in fines and could potentially receive jail time for at least six months.
How Can I Get the Injunction Removed?
A person who is wrongly accused of being involved in a gang or in gang-related activities may be able to get a gang injunction removed from their criminal record by filing a petition for removal in the proper court. As with other criminal matters, the burden of proof in a gang injunction case will be on the state or governing body that is attempting to impose the injunction in question.
Specifically, a state prosecutor or district attorney will need to show that a gang injunction is necessary to prohibit an individual from carrying on with a gang or any gang-related activities. If the state governing body fails to prove that such an injunction is necessary, then a person can have it removed from their file if it was improperly entered regardless.
In addition, the person can also petition the same court that issued the injunction for removal, which will involve going through the opt out process for a gang injunction. Generally speaking, the opt out process for a gang injunction will involve a number of steps, including submitting a petition for removal in court and attending an interview that is scheduled with the attorney assigned from their local District Attorney’s office.
The petition for removal will require the person who is filing it to provide evidence of their educational and employment background for the purposes of demonstrating that they were not or could not have been involved in a gang or in gang-related activities.
After this information is submitted, the district attorney who is assigned to the case will review any and all available evidence that was filed. Once this is completed, the district attorney will then determine whether or not to approve the petition and will remove the gang injunction imposed on the individual if they decide to grant the request. If not, the gang injunction will be enforceable for the specified number of days permitted under the applicable laws.
Do I Need an Attorney?
It is generally recommended that you hire a criminal lawyer who works in your area if you have been subject to a gang injunction. As previously discussed, matters involving a gang injunction should be taken very seriously since these types of injunctions will restrict your ability to associate with other individuals in your community and/or to travel to places like a local grocery store in order to run personal errands.
A criminal lawyer who has experience in handling cases involving a gang injunction can assist you in navigating the specific legal proceedings for gang injunctions and can explain how the laws in your county may affect the outcome of your case. Your lawyer can also perform legal research to see if there are any legal defenses available that you can raise against a gang injunction.
In addition, your lawyer will be able to provide legal representation in criminal court if need be and can find out how you can get a gang injunction removed entirely or expunged from your criminal record history. Finally, your lawyer can assist you in gathering and submitting evidence that may prove to the court that you are not involved in a gang or any gang-related activities and thus should not receive a gang injunction.
