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;
- 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)