WomensLaw serves and supports all survivors, no matter their sex or gender.

Legal Information: California

Restraining Orders

View all
Updated: 
January 11, 2024

Who can file for a gun violence restraining order?

You can file for an ex parte temporary gun violence restraining order and a gun violence order issued after notice and a hearing if the respondent poses a significant danger of causing personal injury to himself/herself or another person by having in his/her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. To file for either of these gun violence restraining orders, you must be: 

  1. the respondent’s:
    • immediate family member, which the law defines as: 
      • spouse, including a common law spouse if established in a state that recognizes common law marriage;
      • domestic partner;
      • parent;
      • child;
      • anyone related by blood (consanguinity) or marriage (affinity) within the second degree; and
      • anyone related by blood (consanguinity) or marriage (affinity) within the fourth degree and who has had substantial and regular interactions with the respondent for at least one year;
    • employer; 
    • co-worker;
    • roommate who currently lives with the respondent;
    • ex-roommate who lived with the respondent within the prior six months and who has had substantial and regular interactions with the respondent for at least one year;
    • dating partner;
  2. someone who has a child in common with the respondent and who has had substantial and regular interactions with the respondent for at least one year;
  3. an employee or teacher at the respondent’s secondary or post-secondary school; or
  4. a law enforcement officer.1

Only a law enforcement officer may file for a temporary emergency ex parte gun violence restraining order when the courts are closed.2

1 Cal. Penal Code §§ 18150(a)(1), (a)(3), (a)(4); 18170(a)(1)
2 Cal. Penal Code § 18125