How do I get a gun violence restraining order?
The steps to get a gun violence restraining order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms. When filing a petition for a gun violence restraining order, you must describe the number, types, and locations of any firearms and ammunition you believe the respondent currently possesses or controls.1
1 Cal. Penal Code § 18107
How will the judge make a decision?
In deciding whether to grant a gun violence restraining order, the judge must consider the following evidence:
- a recent (within 6 months) threat of violence, or act of violence by the respondent, either self-inflicted or to others;
- a violation of a current domestic violence emergency protective order or an emergency stalking protective order;
- a recent violation of an unexpired domestic violence protective order, a civil harassment order, a protection order prohibiting intimidation of witnesses, or a restraining order to prevent elder or dependent adult abuse;
- a conviction for a crime that prohibits purchase and possession of firearms under California law; and
- a pattern of violent acts or threats within the past 12 months by the respondent directed toward
- himself/herself or to others.1
The judge may also consider any other relevant evidence that indicates an increased risk for violence, such as:
- the respondent’s unlawful and reckless use, display, or brandishing (flaunting) of a firearm;
- the respondent’s history of use, attempted use, or threatened use of physical force against another person;
- the respondent’s prior arrest for a felony offense;
- the respondent’s history of a (non-recent) violation of a domestic violence emergency protective order or stalking emergency protective order;
- the respondent’s history of a (non-recent) violation of a domestic violence protective order, a civil harassment order, a protection order declaring a minor child a dependent child, a protection order prohibiting intimidation of witnesses, or a restraining order to prevent elder or dependent adult abuse;
- police reports and conviction records of the respondent’s recent criminal offenses that involve controlled substances or alcohol;
- documentary evidence of ongoing abuse of controlled substances or alcohol; and
- evidence of the respondent recently gaining access to firearms, ammunition, or other deadly weapons.2
1 Cal. Penal Code § 18155(b)(1)
2 Cal. Penal Code § 18155(b)(2)
Can a gun violence restraining order be renewed?
Yes. A gun violence restraining order issued after a hearing can be issued for up to one year. You or a law enforcement officer can request that the judge renew the order if you (or the officer) make that request within 3 months of the order expiring.1
1 Cal. Penal Code § 18190