Restraining Orders

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