Domestic Violence Restraining Orders and Gun Violence Restraining Orders

A GVRO is a written order signed by a Judge, prohibiting a person from having custody or control, owning, purchasing, possessing or receiving any firearms or ammunition for a set period of time.  Cal. Pen. Code §18100(a).  After an initial 21-day period and a hearing, a GVRO can last anywhere from 1 to 5 years.  In order to temporarily suspend a person’s access to firearms through a GVRO, a Court must find that the person  poses a significant risk to themselves or others by having legal access to firearms.  GVROs have been in effect in California since January 1, 2016 under the Extreme Risk Protection Order (ERPO) law. 

A GVRO cannot order someone to:

• stay away from you or your family members;
• not contact or go near you, your children, other relatives, or others who live with you;
• stop abuse or harassment; or
• move out of your house.

Law enforcement officers may seek Emergency Protective Orders—including GVROs—with the court.  If you believe you are in an emergency situation, contact your local law enforcement. 

Seeking any other type of GVRO will require filling out several forms, bringing them to your local courthouse, and potentially speaking to a judge.  Learn more through the California Judicial Branch.

You can ask for a Temporary GVRO prior to a court hearing, if a judge finds there is a substantial likelihood that the person poses a significant danger to themselves or others in the near future by having legal access to firearms or ammunition and that a GVRO is necessary under the circumstances to prevent such harm. The court will decide within 24 hours whether or not to make the temporary order based on the facts you have stated in your petition.  Sometimes the court will want to ask you questions under oath.  If issued, this temporary order will last 21 days. 

Law Enforcement Officers may seek a Temporary Emergency GVRO if the court finds reasonable cause to believe that the individual poses an immediate and present danger of harm to self or others and that a GVRO is necessary under the circumstances.  This order lasts 21 days, by which time the individual should be notified of the petition and a hearing should be held on whether to issue a full GVRO.  If you believe a Temporary Emergency GVRO is necessary, be sure to contact a member of law enforcement for assistance.

A Temporary or Emergency Gun Violence Restraining Order will last about 21 days.

A longer GVRO may be approved for up to five years through a court hearing following the initial 21-day hearing. At the court hearing, the judge will consider all the evidence and decide whether to approve a GVRO for up to five years.

While we cannot give legal advice, you should tell the judge specific information, including:

• What words or actions have led you to believe the person may be a danger to themselves or others
• Any specific information you may know about whether the individual possesses firearms and where they are kept.   Other witnesses, written statements from witnesses made under oath, photos, medical or police reports, damaged property, threatening letters or messages are not required, may help support your argument.

You may ask the court to give you an interpreter to help you if you need assistance. Find out more about court interpreters.

Yes. GVROs are a helpful first step in removing firearms from individuals who may be a danger to themselves or others. However, they can also be used to prevent individuals from obtaining firearms in the first place. Once a GVRO issues, the individual may not legally purchase firearms or ammunition in California.

If the court issues a temporary restraining order, someone age 18 or older other than you, must personally serve (give) the person a copy of the order.  That person must then fill out a Proof of Personal Service (form GV-200) and give it to you to file with the court.  A sheriff or marshal can serve the order for free. Review What is Proof of Personal Service? ( GV-200-INFO) for more info.

For more information about GVROs and the GVRO process visit https://www.courts.ca.gov/33961.htm?rdeLocaleAttr=en, GV-100-Info, Speak For Safety, or Giffords Law Center

The San Diego City Attorney’s Office has received state funding to provide training resources to City Attorneys and County Counsels on the GVRO process. These offices seeking such resources should contact the San Diego City Attorney’s Office.

Then a GVRO may not be the right type for your situation. See section below for other types of restraining orders that you might qualify for that have more protections.

A DVRO is a written order signed by the court, prohibiting a named person from harassing or physically abusing a family member or significant other. In California, a person subject to a DVRO is automatically prohibited from owning, possessing, purchasing, receiving firearms or ammunition. California also prohibits these persons from owning or possessing certain ghost gun kits, firearm precursor parts, and other firearm components.

You can request a DVRO if:

1. You want to protect yourself and your family from:
1. Your spouse, ex-spouse, registered domestic partner, or ex-registered domestic partner;
2. Someone you are dating or used to date;
3. Someone you are engaged to or used to be engaged to;
4. Someone you have a child with;
5. Your parent, child, sibling, or grandparent (including in-laws);
6. A person that you live with or used to live with as a family or household member (more than a roommate)

AND

2. That person has been abusive.
1. Abuse can be spoken, written, and/or physical.  It can be sexual or emotional.  Examples include viloence, threats of violence, sexual assault, attempts to control aspects of your life, stalking, harassment, and destroying your personal property.

If you need protection from someone else and are not eligible to request a DVRO, there are other types of restraining orders you can request, which can also require a person to stay away from you, not contact you, and refrain from accessing firearms and ammunition while the court order is in effect.

You must go to the superior court in the county where you reside and file several forms.  These forms may be available at the courthouse, and are available online at: https://www.courts.ca.gov/1264.htm?rdeLocaleAttr=en.  To find the your courthouse, visit this website: https://www.courts.ca.gov/find-my-court.htm.  For more information on how to navigate this process, go to: https://www.courts.ca.gov/1264.htm?rdeLocaleAttr=en.

You can first ask for a Temporary Restraining Order. The individual does not need to be notified and the court does not need to hold a hearing before a judge issues a Temorary Restraining Order. Once received, a judge will decide within 24 hours whether or not to make the temporary order based on the facts you have stated in your request. Sometimes the court will want to speak with you. Temporary Restraining Orders usually last between 20-25 days. For any order to extend beyond that time, there will need to be a hearing and the individual must be notified.

While we cannot give legal advice, you should tell the judge specific information, including (1) what words or actions have led you to believe the person may be a danger to you or other members of your family and (2) any specific information you may know about whether the individual possesses firearms and where they are kept.   Other witnesses, written statements from witnesses made under oath, photos, medical or police reports, damaged property, threatening letters or messages are not required, may help support your argument. You must file any witness statements at the same time that you filed your request for the restraining order.

You may ask the court to give you an interpreter to help you if you need assistance. Find out more about court interpreters.

Yes. DVROs are a helpful first step in removing firearms from individuals who may be a danger to themselves or others. However, they can also be used to prevent individuals from obtaining firearms in the first place. Once a DVRO issues, the individual may not legally purchase firearms or ammunition in California.

If the court issues a temporary restraining order, someone age 18 or older—other than you—must personally serve (give) the person a copy of the order.  That person must then fill out a Proof of Personal Service (form DV-200) and give it to you to file with the court.  Law enforcement can serve the order for free.  Review What is Proof of Personal Service? (form DV-200-INFO) and read the section on Service of Court Papers for more info.

Once it has been determined that a restrained person possess or owns a firearm(s), the court may set up a subsequent review hearing to determine whether the restrained person has complied with the court’s order to relinquish, store, or sell the firearm under Family Code section 6389. The court may also make the determination at any hearing when a DVRO is issued or at any subsequent family or juvenile law hearing while the order remains in effect, as long as the respondent has been notified of the hearing. See Cal Rules of Court, Rule 5.495; Rule 4.700.

For more information about DVROs and the DVRO process through the California Judicial Branch.

Yes. In addition to DVROs, a person subject to any one of the following types of court order is prohibited from owning, possessing, purchasing, receiving or attempting to purchase or receive a firearm or ammunition until the order is no longer in effect:

1. A temporary restraining order or injunction issued to a victim of harassment (civil harassment order);
2. A temporary restraining order or injunction issued to an employer on behalf of an employee (workplace violence restraining order);
3. A temporary restraining order or injunction issued to a postsecondary educational institution on behalf of a student (private postsecondary school violence restraining order);
4. A protective order for an elderly or dependent adult who has suffered abuse, whether the order was issued ex parte, after notice and hearing, or in a judgment, provided that the case does not involve solely financial abuse;
5. An emergency protective order related to stalking; and
6. A protective order relating to a crime of domestic violence or the intimidation or dissuasion of a victim or witness.

If you are not sure what kind of restraining order you should get, go to your local self-help center for free help. (You can find information about how to contact them by calling your local superior court. You may get help from your local legal services offices or you can hire an attorney.

Sometimes there is a domestic violence incident (or series of incidents) resulting in the District Attorney or Attorney General filing criminal charges against the restrained person.  In this instance, it is common for the criminal court to issue a criminal protective order (CPO) against the defendant (the person who is committing the abuse) while the criminal case is pending, and if the defendant is convicted, for an additional three years or more after the case is over.

Proposition 63, passed by California voters in November 2016, requires that defendants convicted of all firearm-prohibiting crimes, including domestic violence offenses, provide proof that they sold or transferred their firearms within the specified timeframes after conviction.  It also requires assigned probation officers and courts to verify that the defendant complied with relinquishment before final disposition of the defendant’s case and authorizes the court to issue search warrants to recover illegally retained firearms from defendants who fail to comply.

For more information about these procedures, see Firearm Relinquishment in California.