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EspañolWhat is a gun violence restraining order?
A gun violence restraining order is a civil court order that prohibits an individual, called the respondent, from having firearms or ammunition in his/her custody or control, or from purchasing or attempting to purchase or receive a firearm or ammunition.
What types of gun violence restraining orders are there? How long do they last?
There are three types of gun violence restraining orders: temporary emergency ex parte gun violence restraining orders, temporary ex parte gun violence restraining orders, and gun violence restraining orders issued after notice and a hearing.
Law enforcement officers may ask a judge, orally or in writing, to issue a temporary emergency ex parte order any time of the day or night. The respondent does not need to be in the courtroom or have notice of the case for the judge to issue this emergency order. This type of order remains in effect for up to 21 days after it is issued.1
Anyone related to the respondent in a way described in Who can file for a gun violence restraining order? can file in court to ask the judge to issue a temporary ex parte gun violence restraining order during normal court business hours.2 The respondent does not need to be in the courtroom or have notice of the case for the judge to issue an ex parte order. Ex parte orders last for up to 21 days.3
Before the temporary emergency ex parte order or the temporary ex parte order expires, the court will set a date for a hearing at which the respondent has the opportunity to be present and object or consent to the order being issued.4 This gun violence restraining order issued after notice and a hearing can be requested by anyone mentioned above.5 If the judge issues a gun violence restraining order after the respondent has notice and the opportunity to appear, the judge can issue the order to last for between one to five years.6
1 Cal. Penal Code § 18125(b)
2 Cal. Penal Code § 18150(a)(1)
3 Cal. Penal Code § 18165
4 Cal. Penal Code §§ 18148; 18165
5 Cal. Penal Code § 18170(a)
6 Cal. Penal Code § 18175(e)
Who can file for a gun violence restraining order?
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:
- 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;
- immediate family member, which the law defines as:
- 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;
- an employee or teacher at the respondent’s secondary or post-secondary school; or
- 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
What protections can I get in a gun violence restraining order?
A gun violence restraining order can require that the respondent:
- not have a gun or ammunition;
- not buy or attempt to buy a gun or ammunition; and
- turn in any guns and ammunition to the police or sell them to (or store them with) a licensed gun dealer.1
1 Cal. Penal Code §§ 18100; 18125(b); 18150(a)(1); 18170(a)(1); Petition for Gun Violence Restraining Order
