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Legal Information: California

Restraining Orders

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Laws current as of January 11, 2024

What types of gun violence restraining orders are there? How long do they last?

There are three types of gun violence restraining orders: temporary emergency ex parte gun violence restraining orders, temporary ex parte gun violence restraining orders, and gun violence restraining orders issued after notice and a hearing.

Law enforcement officers may ask a judge, orally or in writing, to issue a temporary emergency ex parte 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

Anyone related to the respondent in a way described in Who can file for a gun violence restraining order? can file in court to ask the judge to issue a temporary ex parte gun violence restraining order during normal court business hours.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

Before the temporary emergency ex parte order or the temporary ex parte order expires, the court will set 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 gun violence restraining order issued after notice and a hearing can be requested by anyone mentioned above.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)