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Legal Information: California

Restraining Orders

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April 4, 2019

Who can file for a gun violence restraining order?

You can file for a gun violence restraining order if you are the respondent’s immediate family member.1 You are considered an immediate family member if you are the respondent’s:

  • spouse (including a common law spouse if established in a state that recognizes common law marriage);
  • domestic partner;
  • parent;
  • child;
  • second-degree relative (such as an uncle, aunt, nephew, niece, grandparent, grandchild, etc.); or
  • current household member or regularly lived in the respondent’s household within the previous 6 months before filing.2

Law enforcement officers can also request gun violence restraining orders.3Note: You can request that a law enforcement officer file a petition even if you are not the respondent’s immediate family member.

1 Cal. Penal Code § 18105(a)(1),(2)
2 Cal. Penal Code § 422.4(b)(3)
3 Cal Penal Code § 18105(a)(1)