As part of Domestic Violence Awareness Month, Attorney General Becerra Encourages Victims to Know their Rights Under California Law

SACRAMENTO – California Attorney General Xavier Becerra today issued information regarding gun violence restraining orders (GVRO) and domestic violence restraining orders (DVRO) as part of Domestic Violence Awareness Month. Both GVROs and DVROs are court orders that temporarily prohibit a person who poses an imminent, significant danger of personal injury to himself, herself, or others from possessing firearms and ammunition. These court orders require a prohibited person to surrender firearms and ammunition before they can be used to commit a crime. According to the U.S. Department of Justice, the presence of a gun in a domestic violence situation increases the risk of homicide for women by 500 percent. Currently, the orders can be obtained either by law enforcement or immediate family. The orders generally last 21 days unless they are extended for up to one year by a judge in a hearing. As a result of the passage of AB-12 in 2019, the duration of an order will extend from one year to up to five years beginning on September 1, 2020. 

“There is an undeniable, disturbing link between gun violence and domestic violence,” said Attorney General Becerra. “Far too many lives have been lost due to senseless gun violence. The fact that the presence of a gun in domestic violence situations leads to high rates of homicide should put us all on alert, and remind us to help those in need. Gun violence restraining orders are a critical tool that can be used to protect victims of domestic violence. This Domestic Violence Awareness Month we urge everyone, especially those who have been subjected to violence by a loved one or partner, to know their rights under California law and seek help when needed. We are here for you and remain dedicated to ensuring that guns stay out of the wrong hands.”

In order to obtain a GVRO or DVRO, petitioners can request a civil court in their jurisdiction to issue an order based on facts presented through a formal, written application and/or at a hearing before a judge. The judge will then consider the information presented and assess whether the subject is presently at risk of harming anyone. The orders are issued or denied on the same day the petition is submitted to the court. The order is typically in effect for 21 days or less, but can be extended. Additionally, requesting an order does not involve filing a criminal complaint nor does it prevent the petitioner from seeking any other available legal remedy.

GVROs and DVROs prohibit individuals from the possession of a firearm or ammunition. Specifically, under the conditions of a GVRO or DVRO, a subject is:

• Not allowed to possess a firearm or ammunition;
• Not allowed to purchase a firearm or ammunition; and
• Required to relinquish any firearms and/or ammunition to law enforcement, sell them, or store them with a licensed firearms dealer.

The application as well as more information on GVROs and DVROs can be found here.

October is Domestic Violence Awareness Month. The U.S. Department of Justice (US DOJ) estimates that 1.3 million women and 835,000 men are victims of physical violence by a partner every year. Further studies by US DOJ show that women in America are eleven times more likely to be murdered with a firearm than women in other high-income countries. States that implement common-sense gun policies help protect victims of domestic violence significantly. For example, in states that require a background check for every handgun sale, 38 percent fewer women are shot to death by intimate partners.

Victims of domestic violence who are in immediate danger should call 911. For additional information and assistance call:

• The 24-hour National Domestic Violence Hotline: 1-800-799-SAFE (1-800-799-7233)
• The Victims of Crime Resource Center: 1-800-VICTIMS (1-800-842-8467)

For additional information on resources available to survivors of sexual violence please visit: https://oag.ca.gov/sexual-violence.