family or household member or a qualified teacher, school employee, co-worker, or employer you may file a petition for a Temporary GVRO by following these general steps:
- File a form GV-110 requesting a Temporary Firearms Restraining Order, which is a type of GVRO that lasts 21 days. This must be done in person in a Superior Court and cannot be done online. The form can be downloaded and filled out beforehand. Find contact information for your local court (California only) here.
- If the subject of the petition is known to have firearms by the petitioner, then when bringing a petition for any type of GVRO, the petitioner must describe in the petition the number, types, and locations of any firearms and ammunition presently believed to be in the subject of the petition’s possession or control.
- The judge will decide whether or not to make the order, typically within 24 hours.
- If the judge grants the temporary order, he or she will issue an order that lasts 21 days (or until an earlier court date).
- Whether or not an order is approved, the judge will set a date for a hearing to review the petition. If the petitioner wishes to obtain a final GVRO lasting one to five years, then they must attend the scheduled hearing.
Note: if the order is approved, the petitioner’s identity will be made known to the subject via identifying information within the order. If you wish to remain anonymous, request that law enforcement file for a GVRO.
- The subject of the petition must be “served” in person with a copy of all gun violence restraining order papers. The petitioner may request that a sheriff or marshal serve the order to the subject, which they will do at no cost. See this document for more information GV-200-INFO.
Note: The Judicial Council of California recommends that you have law enforcement serve the order and that you do not serve the papers yourself or have a friend or family member do so.
- The subject of the petition has the right to file a response to the GVRO prior to their court date if they disagree with the order, using form GV-120, Response to Petition for Gun Violence Restraining Order.
- Every court in California has a self-help center which may be able to assist you; click here for more info: http://www.courts.ca.gov/selfhelp-selfhelpcenters.htm
The petitioner must be present at the court hearing. If the petitioner is not present, no order will be issued. The subject may or may not be present at the hearing. They are requested to attend the hearing but are not required to do so. At the hearing, the judge will hear evidence on the subject of the petition’s dangerousness to decide to continue or cancel the temporary order. If the judge decides to extend the temporary order, the final Gun Violence Restraining Order will last between one and five years.