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Legal Information: California

State Gun Laws

January 11, 2024

Is there anything I can do to make it more likely that the abuser's gun is taken away when I get a DVRO?

If you file for and receive a DVRO, it should be clear to the abuser and to law enforcement that the abuser’s gun needs to be taken away. When you file for a DVRO, the abuser has to be notified. California state law says that on all forms that give notice to the abuser that a protective order has been requested or granted, it must include language that orders the respondent to give up (relinquish) possession or control of any firearms and ammunition and not to purchase or receive or attempt to purchase or receive any firearms or ammunition while the restraining order is in effect.1

Additionally, there is a place on the fourth page of your DV-100 (“Request for Order”) form where you can tell the judge whether the abuser has a gun and if s/he has ever threatened you with it.2 It may be a good idea to check this box if you believe the abuser has a gun so that the judge is aware of the guns.

1 Cal. Fam. Code § 6389(b)
2 See Cal. Fam. Code § 6389(c)(3)