Gun Violence Restraining Orders in California

California Gun Violence Restraining Orders

California passed the GVRO act on September 30th, 2014 in order to prevent gun owners from committing self-harm or posing a threat to others. The following goes into details on how to file a gun violence restraining order and what it implies.

What is a gun violence restraining order in California?

A gun violence restraining order is a court order that prevents someone from having gun ammo or magazines.

What can a gun violence restraining order do in California?

A gun violence order can

restrict an individual from owning a gun, ammo, or magazines.
Restrict an individual from purchasing any firearms or ammunition.
Require an individual to turn all ammunition and firearms over to the police.

A gun violence restraining order cannot order the following:

Keep you from seeing your family members
Keep you from contacting your family members.
Stop abuse or harassment.
Move out of a residence.

How to Get a Gun Violence Restraining Order in California

1. Fill Out Court Forms

In order to obtain court forms, there are two methods an individual can follow:

Contact the police and inform them of a concern that another individual is a threat to themselves or other people, because of their firearm. Based on the provided report a police officer will then be able to ask a judge for an emergency gun violence restraining order.
OR
Go to court in person and request a gun violence restraining order from a judge.

If an individual chooses the second method, the listed forms will have to be completed:

Form GV-100 (Petition for Gun Violence Restraining Order);
Form CLETS-001 (Confidential CLETS Information);
Form GV-109 (Notice of Court Hearing) Complete #1, #2 only
Form GV-110 (Temporary Gun Violence Restraining Order). Complete #1, #2 and #3 only; and
Form CM-010 (Civil Case cover Sheet) (Ask the court clerk if you need this for your court — you may not need it);

When filling out these forms, make sure to have included the following:

Significant details on why the request for a restraining order is being made.
Reasons as to why this individual may be dangerous, such as violent incidents or threats.
Include other alternatives, which have been attempted and failed.

2. Have a Lawyer Review Your Forms

Once these forms are filled out and all essential information is included, make sure to have your gun violence restraining order forms reviewed by the court’s self-help center. They can make sure that all the paperwork has been properly filled out. Or, an attorney from Her Lawyer can review your forms. Get your free consultation with one of our California Restraining Order Lawyers today!

The final step is to include 3 copies of each form. One copy is for you, one copy is for the individual being restrained, and the original copy is for the court.

3. File Your Forms

Once all of the forms have been filled out, the next step is to file them with the court.

The restraining order should be filed in the same county in which the individual being filed against resides. If there are any further questions on where to file contact your local self-help center or an attorney.

As soon as the appropriate place to file is identified, make sure to also find out which clerk’s office to file at. With most courts, you will file a gun violence restraining order with the civil division of the court. If you are uncertain about where to file, contact the self-help center or the court clerk.

When filing with the clerk, be sure to do the following:

Have all of your forms as listed earlier
If you do not speak English well, make sure to inform the clerk
- You can file a form INT-300 in order to request an interpreter
If you have a disability including but not limited to hard of hearing or deaf ask the clerk for an interpreter or another accommodation.

4. Find Out If the Judge Issued a Temporary Restraining Order

Once all of the forms have been turned into the clerk, a judge will review the forms. Some courts will have the judge speak with you directly in order to obtain more information. In either case, you must return in order to pick up all the documents you submitted. Make sure to ask the clerk when you should return for the court documents. It could very well be the same day or the next business day.

If the judge signs the Form GV-110, a temporary restraining order has been issued. The restraining order granted by this form only lasts until the court date, so make sure to know the official court date. The first page of form GV-109 will include the official court date.

If a temporary restraining order is not granted, this does not mean that a gun restraining order will not be granted on the court date. You must be in attendance on the court date if the gun violence restraining order is to be issued. If you have decided to no longer pursue a gun restraining order you can inform the court clerk or dismiss your case by filing a CIV-110 form.

5. Serve the “Restrained” Person

Once a court date is set, you are required to have a third party provide the court papers to the restrained person. This allows the restrained person to know the case details and what they can do in order to respond.

It is illegal to serve your own papers. Some reliable resources, in this case, would be the Sheriff’s department or a Marshall. In the case of a gun violence restraining order, the best resources would be in law enforcement, since the restrained individual is potentially dangerous. If a temporary restraining order was implemented, a law enforcement official is required to take all the restrained person’s firearms and ammunition when carrying out the service of process.

The steps for serving the person should be as follows:

Form GV-109 will inform you which forms should be given to the sheriff. The sheriff may ask you to fill out some paperwork once you provide them with the necessary documents.
Contact the sheriff’s department of the county in which the restrained person resides.
Once you have provided the sheriff with all the proper paperwork, the sheriff should give you a served (or attempted served) form.
If you have not received a served or (tried to serve) form a week before the court date, contact the sheriff’s department.
If the restrained person is served then the sheriff’s department will complete a proof of service form. If the sheriff does not file this form with the court, then make sure to do it yourself.
If the other person is not served, you must attend the court date and request that the time to serve the restrained party be extended and a new court date be filed. This request is referred to as a continuance. If a continuance is received and a temporary restraining order had been filed then the restraining order will also be extended to the new court date.
A new order will be filed by the judge on request to continue the hearing. Form GV 116, which is the continued hearing form, and all other forms will have to be served to the other party.

6. Prepare for Your Court Hearing

Make notes prior to the hearing and include everything that will support your case and present it to the judge in a timely and appropriate manner. Be sure to bring three copies of each document presented as evidence in court and provide all court papers that you have received or completed for this case.

Useful information in this case includes:

Photographs;
Police Reports;
Damaged Property or Photos of Damaged Property;
Information and number and types of firearms owned by the person you are concerned about.
A threatening letter, email, or telephone message from the person you want to be restrained.

Witnesses may attend the court hearing, but they may not be allowed to speak. A witness’s statement can also be brought (declaration). A Declaration can be used (Form MC-030) to support your side of the story. Make sure to file witness statements at the same time that you file for your gun violence restraining order.

7. Attend Court

On the day of the hearing ensure that you arrive early. Failure to attend the hearing could result in the judge deciding the case without your presence. Keep the court clerk’s information in case of an emergency, so that you are able to contact the court clerk and inform them of your circumstance. When the court opens, inform the clerk or court officer that you are present. During the trial, refer to the judge as your honor and do not interrupt anyone in the court when they are speaking. Wait until it is your turn to speak and inform the judge that you intend to speak. During the hearing, the judge will ask who you are, listen to both cases, and will then make a decision.

8. After the Hearing

If the restraining order is granted:

Complete Form GV-130 (Gun Violence Restraining Order After Hearing or Consent to Gun Violence Restraining Order).
Have form Form GV-130 to the clerk or judge so that the judge may sign it. Ensure that the clerk files the form after it is signed by the judge.
Serve the restrained person with a copy of the form.
- If the restrained person was at the hearing, have law enforcement serve them the form and don’t serve them in person.
- If the restrained person was not at the hearing simply provide law enforcement with Form GV-130 and have them serve the restrained person. Also, make sure to ask law enforcement to fill out form Form GV-200 (Proof of Personal Service).
Pay attention to the restraining order’s expiration date. If by the time the expiration date rolls around you are still worried about the restrained party having access to firearms you can renew the restraining order for another one to five years.

If the judge rejects your request, no further action is required on your behalf.

California Laws on Restraining Orders and Gun Ownership

The sale of a firearm in California must be made through a California licensed dealer. After the purchase is made the firearm can only be picked up after the ten-day wait period expires. California implemented a minimum age of 21 to purchase any kind of firearm. Large-capacity magazines are banned in California, so the purchase or manufacture of a magazine with more than 10 rounds is prohibited by law. Concealing and Carrying without a conceal and carry license in California is illegal. To obtain a conceal and carry license contact your local police department. Felons, misdemeanors, and drug addict individuals are prohibited from owning firearms in the state of California.

Gun Violence Restraining Order Act

The Gun Violence Restraining Order Act requires a court to order a restrained person to provide their local law enforcement agency with all firearms and ammunition in his or her ownership upon the issuance of a gun violence restraining order.

FAQs

What year did California pass the GVRO?

The Gun Violence Restraining Order Act was passed on September 30th, 2014.

Can you own a gun if you have a restraining order against you?

You are not allowed to own a gun if you have a restraining order against you. Once, the order expires you will have the ability to own a firearm again.

How long after a restraining order can you buy a gun?

It depends on how long the restraining order issued by the judge is. This tends to vary case by case.

Contact Us

If you or a loved one is seeking a gun violence restraining order, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Restraining Order Attorneys today!