Law enforcement officers may file petitions for any of the three types of GVROs:
- If someone is an immediate threat to themselves or others, a law enforcement officer may request an emergency GVRO by filling out a form EPO-002 and requesting approval from a judicial officer either in writing or orally at any time of day (generally over the phone).
- A temporary, 21-day order (non-emergency order), may be obtained by filing a form GV-110, which will be decided during normal court hours.
- At a subsequent hearing, a court will decide if a one-year GVRO is necessary. Law enforcement officers and individuals requesting a one-year order must fill out a form GV-100.
- See this page for more information on these items: www.speakforsafety.org/obtain-a-gvro-law-enforcement/.
The Judicial Council of California recommends that law enforcement officers always serve gun violence restraining orders (including when petitioners are not law enforcement). An officer serving any gun violence restraining order shall:
- Ask the restrained person if he or she has any firearms, ammunition, or magazines in his or her possession or under his or her custody or control.
- Order the subject to immediately surrender all firearms, ammunition, and magazines to him or her.
- Issue a receipt to the subject for all firearms, ammunition, or magazines that he or she has surrendered.
- Complete a proof of personal service and file it with the court. Form GV-200 should be used for this purpose.
- Within one business day of service, submit the proof of service directly into the California Restraining and Protective Order System (CARPOS), including the serving officer’s name and law enforcement agency.
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