CA Gun Restraining Orders
Restraining Order, Domestic Violence, Restraining Order

CA Gun Restraining Orders

The Golden State has some of the toughest gun laws in the United States to protect its citizens from domestic violence and firearm crimes. CA Gun Restraining Orders were approved in 2016 by the state legislature so “family members, household members, some employers, colleagues, teachers, and law enforcement can take action to prevent a person who poses a significant risk of harming themselves or others from having or purchasing a gun, ammunition, or magazine for a specified length of time, between 21 days and five years.”

When would you need a Gun Violence Restraining Order (GVRO), and what protections does it provide? CA Certified Family Law Specialist Judy L. Burger discusses CA Gun Restraining Orders and how they work.

California Domestic Violence and Firearm Restrictions

California law prohibits anyone from buying or owning firearms for 10 years after a violent misdemeanor conviction, including stalking, assault, and battery, no matter the victim’s relationship to the offender. Newer legislation now provides a lifetime firearms ban on anyone convicted of willfully inflicting corporal injury resulting in a traumatic condition against a current or former spouse, cohabitant, or dating partner or against the mother or father of the offender’s child after January 1, 2019.

California law also prohibits anyone subject to several types of court orders from buying, receiving, owning, or attempting to buy a firearm or ammunition while the order is in force. This includes domestic violence restraining orders, civil harassment orders, workplace violence restraining orders, and more.

California also prohibits people who are subjects of domestic violence restraining orders from owning or possessing ammunition and certain ghost gun kits and firearm components.

How Do CA Gun Violence Restraining Orders Work?

“The GVRO provides an opportunity to remove guns from individuals who would not otherwise be prohibited from possessing firearms.” Those in a close relationship with a person facing a crisis and whom they fear is at significant risk of lethal behavior (to themselves or others) may petition the court for a GVRO. This legally binding order reduces the risk of gun-related violence for between one to five years, allowing the person in crisis to get help.

The judge may issue a temporary Gun Violence Restraining Order before the scheduled hearing and may also grant other restraining orders as deemed necessary. A temporary GVRO is good for 21 days. If the judge grants a 1-5-year GVRO, a law enforcement officer will serve the papers to the person and collect any firearms, ammunition, and magazines. The subject of a GVRO cannot legally purchase any firearms, magazines, or ammunition while the order is in force. A GVRO may be extended by the court.

What a GVRO Does

A GVRO requires that all firearms and ammunition be relinquished by the subject of the order and prohibits the subject of the order from purchasing any guns or ammunition while the order is in effect.

What a GVRO Does Not Do

A GVRO does not affect knives or other non-firearm-type weapons. It does not include an order of protection for anyone. Additional protective orders may be granted by the court if needed.

Get Help with Gun Restraining Orders in California

Relationships can become complicated, and the risks of violence can escalate quickly. CA Certified Family Law Specialist Judy Burger can help you when you need legal protection or seek to protect someone close to you from committing harm or harming themselves. Contact one of our eight offices across California to schedule a consultation. We can answer your questions about Gun Violence Restraining Orders and other types of restraining orders, offer advice, help you file petitions with the court, and get the help you need now.

 

How Do Domestic Violence Restraining Orders Work in California?
Domestic Violence

How Do Domestic Violence Restraining Orders Work in California?

Leave a comment

A domestic violence restraining order is a civil order entered by the court directing an abuser to stop harassing or abusing the victim. The type of abuse that may be the basis for the entry of a restraining order includes the following:

  • causing or attempting to cause the victim physical injury;
  • making the victim fear he or she or another person is in immediate danger of being harmed;
  • threatening or harassing the victim, in person or through other means;
  • stalking the victim;
  • destroying the victim’s personal property; or
  • disturbing the peace of the victim.

For the court to enter a domestic violence restraining order, the abuser must be related to the victim in one of the following ways:

  • a spouse or former spouse;
  • a person the victim is dating or has dated;
  • a lover;
  • the other parent of your child;
  • anyone closely related to the victim by blood, marriage, or adoption; or
  • a person who regularly lives in the victim’s home.

A domestic violence restraining order may provide protection for the victim’s children as well as the victim. Such a restraining order can also include other orders besides a command to stop the abuse. For example, a domestic violence restraining order may include an order regarding spousal support, custody, child support, or parenting time; granting the victim possession of a pet; removing the abuser from a home shared with the victim; or prohibiting the abuser from possessing a firearm.

A victim seeking a domestic violence restraining order must file an application with the court. The application includes a Domestic Violence Date of Birth Verification (Form FL/E-LP-640), a Notice of Court Hearing (Form DV 109), a Request for Domestic Violence Restraining Order (Form DV-100 and FL/E-LP-613), a Description of Abuse (Form DV-101), and a Temporary Restraining Order (DV-110). Additional forms must be filed if the victim is also seeking an order regarding spousal support, child support, child custody, or visitation.

If the victim is in immediate danger, the court may issue a temporary restraining order after processing the application but before holding a hearing. Regardless, the court will set a hearing, and the victim must have the abuser served with the Notice of Hearing. Service of the Notice of Hearing is usually done through the sheriff’s department of the county where the abuser lives.

The victim may bring a support person to the restraining order hearing, even if the victim also has an attorney. If evidence at the hearing shows the existence of past or present abuse of the victim by the abuser, then the court will issue a domestic violence restraining order. A domestic violence restraining order can last up to five years but lasts only three years if no termination date is stated. During the last three months of a restraining order, the victim can ask the court to extend the restraining order for another five years or permanently.

If you or a loved one has been or is a victim of abuse, consult an experienced attorney experienced in domestic violence law to help you get a domestic violence restraining order. The Law Offices of Judy L. Burger can help you get the protection you need. Call today to see how we can help you: (415) 293-8314.