Gun Violence Restraining Orders in California
This guide can help you:
- Learn about gun violence restraining orders, sometimes called a "red flag" gun law
- Learn what you must do if you receive restraining order papers
- Ask for a gun violence restraining order
- Find free resources for help
Gun Violence Prevention
There are different types of restraining orders. A gun violence restraining order can stop someone from having, owning, or buying any firearms (guns), firearm parts, ammunition, or magazines.
If you need a restraining order that includes more protection there are other types of restraining orders you can ask for to keep the person from coming near you or contacting you.
What can a gun violence restraining order do?
A judge can grant a gun violence restraining order to stop someone from having, owning, or buying any firearms (guns), firearm parts, ammunition, or magazines. Once an order is granted by a judge, the police can be called to enforce the order and the restrained person will have to turn in any firearms or ammunition they have.
How do I ask for a gun violence restraining order?
Only certain people can ask for a gun violence restraining order if they think someone is dangerous and should be restricted from having or buying firearms and ammunition, including:
- Law enforcement officer or agency
- The person's immediate family member, including a spouse, parent, child, grandparent, or any other person who regularly lives with them now or lived with them in the last 6 months
- The person's employer
- The person's co-worker who has regular contact with the person and has worked with them for at least a year, and has the employer’s permission to ask for this restraining order
- An employee or teacher at a school that the person has gone to in the last six months, who has permission from a school administrator or staff supervisor
You can ask a law enforcement officer to ask for a gun violence restraining order. If it is an emergency, you can call police and ask for one right away.
If you do not want to call police for help, you can ask for this restraining order yourself.
What if someone asked for a restraining order against me?
If someone has filed court papers to ask for a restraining order against you, carefully read over the papers you were given.
- If you were served with form EPO-002, this means the judge granted an emergency restraining order against you. You will have a court date, which will be listed on form EPO-002 or sent in a notice to the address listed under your name on the form.
- If you were served with form GV-109, you will have a court date. Make sure to go to your court date if you do not agree to the restraining order. At the court date, a judge will decide whether to grant a restraining order against you that can last up to five years.
- If you were served with form GV-110, this means the judge granted a temporary restraining order against you.
- You must follow all the orders granted by the judge. If you don't, you could be arrested and charged with a crime.
This guide can help you figure out your options to respond and prepare for your case. Respond means telling the judge if you don't agree to the request for a restraining order. You don't need a lawyer in this case, but if you want one you will have to hire one. You can also get free help from a court Self-Help Center.
I received form EPO-002. What's my next step?
Get help understanding an emergency protective order (form EP-002) and see options to respond
I received form GV-109. What's my next step?
Get help understanding a gun violence restraining order (form GV-100) and see options to respond
Ask for a Gun Violence Restraining Order
Get step-by-step instructions for each part of the process