Restraining Orders

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)