Restraining Orders

There are three types of gun violence restraining orders: temporary emergency gun violence restraining orders (orders that may be filed by law enforcement only), ex parte gun violence restraining orders, and gun violence restraining orders issued after notice and a hearing.

Temporary Emergency Gun Violence Restraining Order – Law enforcement officers may ask a judge, orally or in writing, to issue a temporary emergency order any time of the day or night. The respondent does not need to be in the courtroom or have notice of the case for the judge to issue this emergency order. This type of order remains in effect for up to 21 days after it is issued.¹

Ex Parte Gun Violence Restraining Order – Law enforcement officers, the respondent’s immediate family members, the respondent’s employer, a co-worker of the respondent, or an employee/teacher at the respondent’s secondary or post-secondary school can file a petition to request that the judge issue an ex parte gun violence restraining order.² The respondent does not need to be in the courtroom or have notice of the case for the judge to issue an ex parte order. Ex parte orders last for up to 21 days.³

Gun Violence Restraining Order Issued after Notice and a Hearing – Before the temporary emergency order or the ex parte order expires, the court sets a date for a hearing at which the respondent has the opportunity to be present and object or consent to the order being issued.⁴ This final order may also be requested by the same category of people as may request the ex parte order: law enforcement officers, the respondent’s immediate family members, the respondent’s employer, a co-worker of the respondent, or an employee/teacher at the respondent’s secondary or post-secondary school.⁵ If the judge issues a gun violence restraining order after the respondent has notice and the opportunity to appear, the judge can issue the order to last for between one to five years.⁶

¹ Cal. Penal Code § 18125(b)
² Cal. Penal Code § 18150(a)(1)
³ Cal. Penal Code § 18165
⁴ Cal. Penal Code §§ 18148; 18165
⁵ Cal. Penal Code § 18170(a)
⁶ Cal. Penal Code § 18175(e)