What is a Gun Violence Restraining Order?

A Gun Violence Restraining Order can only be requested by a member of law enforcement, a family member, an employer (against an employee), or an elementary or high school teacher (against a student). In San Diego County, these orders are most often requested by law enforcement. These orders are intended to prevent harm to the Respondent and the community when someone has misused, or threatened to misuse, a firearm. There could also be additional restrictions regarding body armor. Read the California Bill here. You can also read about other types of restraining orders here.

Why would a Gun Violence Restraining Order be Issued Against Me?

In order to request a Gun Violence Restraining Order, the Petitioner must reasonably presume that you are, or will become, a danger to yourself, or others, if allowed to own, possess, purchase, or have access to firearms. This may include threats to harm yourself or others with a firearm.

What Should I do If I was Served with a Gun Violence Restraining Order?

If you were served with a Petition for Gun Violence Restraining Order, and the Temporary Restraining Order was granted, you must immediately surrender, sell, or store any and all firearms, firearm parts, and ammunition in your possession to a law enforcement agency or licensed gun dealer. If the Petitioner is a law enforcement agency and your firearms were previously confiscated, they will inform the court that the firearms are not in your position. If a member of law enforcement only confiscated some of your firearms, firearm parts, or ammunition, you must still surrender, sell, or store the remaining items. After you have surrendered, sold, or stored your firearms, firearm parts, and ammunition, you must file a “Receipt for Firearms and Firearm Parts” with the court.

You must abide by all aspects of the Temporary Restraining Order until the hearing. A written response to a Petition for Gun Violence Restraining Order is not required. However, preparing one can help the judge understand the facts of the case before the hearing. You may respond to a Petition for Gun Violence Restraining Order in two ways. First, you can consent to order. If you believe the allegations against you are accurate and that a Gun Violence Restraining Order should be issued, you can complete and file a “Consent to Gun Violence Restraining Order and Surrender of Firearms” instead of a response. Second, you can defend yourself against the allegations, and tell the court why you believe a Gun Violence Restraining Order. To do this you can complete and file a “Response to Petition for Gun Violence Restraining Order.” You may also file any evidence you want the judge to review. Anything you file must be served on Petitioner. This can be done through personal service or mail. Service must be completed by somebody over the age of 18 who is not a party to the case. You may not violate the terms of a Temporary Restraining Order to serve someone.

At the hearing you and the Petitioner will get the chance to testify and present evidence to the judge. After the hearing the judge will determine if a Gun Violence Restraining Order is necessary. If a Gun Violence Restraining Order is issued against you, it will last for a period up to five years which is determined by the judge. If you have been served with a Petition for Gun Violence Restraining Order, we can help you prepare your response and defend against the allegations.

Do I Need an Attorney?

Attorneys are never required in civil court. However, the court system is complex and can be intimidating. An attorney can help you navigate the court system with ease. Attorney Timothy F. Riley has nearly 30 years of experience and can use that knowledge to make your experience
seamless and easy. Contact us and let us help you in this difficult time.