California relies on Gun Violence Restraining Orders (GVROs) to help prevent tragedies involving guns. GVROs are put in place to prevent certain people from using guns for a set period. Individuals, including family, roommates, employers, coworkers, or law enforcement, can request these restraining orders.

These orders help both the public and those accused by giving a way to avoid violence before it takes place. It is essential to know how GVROs function, who can file them, the kinds that exist, and the legal process if you are worried about someone’s access to firearms. This guide will help you understand all the essential details about California gun violence restraining orders.

An Overview of Gun Violence Restraining Orders

In California, GVROs are used to temporarily take away someone’s firearms if they are thought to be a danger to themselves or others. Since January 1, 2016, GVROs have allowed eligible petitioners to apply for court orders that prevent respondents from acquiring guns, ammunition, and detachable magazines.

Before GVRO laws, California used involuntary psychiatric holds under Welfare & Institutions Code 5150 and regulations dealing with assault, threats, and domestic violence. Still, these procedures required incidents of mental health crises or criminal offenses, so families and police could not use them to stop noncriminal threats before they happened.

GVROs require less evidence than criminal cases and are designed to help early on, rather than punish the individual. A court can issue orders in three ways:

  1. 21-day emergency GVROs

  2. 21-day ex parte GVROs

  3. One-year full GVROs that may be extended for up to five years

During the years 2016 to 2022, the courts in California issued more than 3,000 GVROs, and initial research suggests that for every 10 to 20 guns taken away, one suicide is prevented.

The GVRO system in California is designed to manage gun violence as a preventable health issue. During periods when a person is at high risk, GVROs stop them from having access to guns, covering the time between signals of danger and the chance of harm.

It covers the background of GVROs, who is eligible, the steps involved, how they are enforced, the rules that apply, the penalties, other interventions, and sources of help for those involved.

Historical Context

The 2014 Isla Vista mass shooting made it clear that even though the shooter was reported for concerning actions and passed background checks, he was still able to purchase three handguns and collect 400 rounds of ammunition. There was no legal way for authorities to take away his guns due to danger signs temporarily. As a result, Assembly Bill 1014 was passed quickly in September 2014 by Assemblymember Nancy Skinner and Das Williams, signed by Governor Jerry Brown, and made California the first state with a GVRO law.

This latest setup is a process in civil court where law enforcement and family members can ask for a firearm to be removed if the evidence points to a high chance of harm. Initially, agencies created procedures for assessing risks, filing emergency orders by phone under Penal Code § 18125, and cooperating with mental health experts to choose those subject to GVROs. According to studies by UC Davis’ Violence Prevention Research Program and Stanford University, the use of GVROs in counties was linked to fewer cases of self-harm and mass violence.

In 2020, Senate Bill 1200 and Assembly Bill 61 were passed, adding employers, coworkers, and designated school personnel to the list of people allowed to report warning signs, as these can often be noticed in workplaces and schools. They also added rules for notifying hearings, collecting evidence for extensions, and ending the proceedings. With constant data analysis, California balances its GVRO rules and protects civil rights and public safety. This approach helps inspire similar laws in more than 20 states and the District of Columbia by mid-2024.

Who May Petition for a GVRO

According to California law, five groups of petitioners can request a GVRO, each at a strategic moment for intervention.

  1. Law Enforcement Officers and Agencies

Law enforcement crisis responses help them spot threats that require GVRO filings. An officer may use the phone to request an emergency GVRO if they are dealing with a 911 call about threats of violence, a domestic situation where firearms are involved, or a suicide attempt. Officers complete Judicial Council Form EPO-002 to record the behaviors they notice, statements from witnesses, and the risks present in the situation. During this period, law enforcement petitions comprised 94% of all GVROs, showing these orders' importance. Most agencies have units or individuals knowledgeable in GVRO processes, gathering proof, and coordinating with judges.

  1. Immediate Family and Household Members

Spouses, domestic partners, parents, children, siblings, grandparents, grandchildren, and those who lived with the respondent in the last six months can file an ex parte or complete GVRO petition under Penal Code 18150. Many times, family petitioners share their observations of changes in behavior, threats, signs of suicidal thoughts, or proof of stalking. Medical records, emails, text messages, and affidavits are supporting evidence. Even though family-filed GVROs represent only a small number of all filings, they are essential for preventing self-harm and domestic violence.

  1. Employers and Coworkers

According to 2020 changes in the law, employers and coworkers who have worked together for at least a year and have the employer’s permission may request a GVRO if workplace behavior is a safety concern. Examples are employees threatening to harm others at work, carrying a weapon, or making threats that get worse. They need to present facts about behavioral incidents, statements from witnesses, and safety reports from the organization. Legal teams and human resources groups in companies often join forces with law enforcement to determine risks and help with petitions, including GVROs in their workplace violence protection plans.

  1. School Employees

Teachers, administrators, counselors, and staff who interacted with the respondent in the previous six months may file petitions with law enforcement. School-based GVROs are used when students are seen writing or acting aggressively, or if their social media posts suggest they want to harm others at school. In many districts, GVRO awareness is included in the work of threat assessment teams, who look at risk factors and decide when to seek emergency or ex parte orders.

  1. Indirect Self-Petitions via Law Enforcement

If a person understands their own dangerous or suicidal thoughts, they can inform police, who can then start the GVRO process. This option allows at-risk individuals to disarm themselves without being forced or punished. Crisis hotlines and mental health providers sometimes advise clients about this option when creating safety plans in clinical settings.

Types of GVROs and Procedures

There are three stages in California’s GVRO process, each designed for situations of different urgency and risk.

Emergency GVROs, PC 18125

If officers think a person is dangerous, they may use an emergency GVRO. Officers can reach out to the court and briefly explain the threats, actions, and what witnesses said on Form EPO-002. Judges examine the request as soon as they can, sometimes outside of regular court hours, and, if they accept it, issue orders that only take effect once they are served. An emergency GVRO is in effect for 21 days, so the person must give up their guns immediately, and the formal process can begin.

Temporary (Ex Parte) GVROs, PC 18150

Ex parte GVROs are only in place until a full hearing can be held. Those eligible for the petition submit Judicial Council Form GV-110, sworn declarations, medical records, text messages, and police reports without telling the respondents. The petitioners are required to prove that they could be harmed soon. Within a few days after the case is filed, the court holds an ex parte hearing and issues an order that stops the respondent from using firearms for 21 days.

Full GVRO Hearings and Extensions

If an emergency or ex parte order is served within 21 days or the case is filed directly, courts hold full hearings to collect evidence. After they are served, respondents receive Judicial Council Form GV-109, which shows their hearing dates, the right to hire an attorney, and the deadline for filing a response form. The evidence needed is “clear and convincing”; petitioners present their testimony, get expert opinions, and provide documents.

Those questioned in a court trial can dispute the statements and offer their evidence. A positive outcome is a GVRO that is valid for one year. If the court sees that the risk is still present, it can extend the order for up to five years. To progress the case, new evidence of danger is required, for example, threats, medical records, or police contacts.

Surrender, Storage, and Enforcement

After a GVRO is issued, respondents should surrender all their firearms and ammunition within 24 to 48 hours. According to Penal Codes 18120–18125, respondents could surrender their weapons to police or authorized dealers.

Those who surrender must give detailed descriptions of each firearm, including the make, model, and where it is kept, and send surrender receipts (Forms GV-250) to the courts and enforcement agencies. Law enforcement can serve orders with the proper Judicial Council forms, for example, GV-110 and GV-200. They can use search warrants under PC 1524(a)(14) to search for hidden firearms.

Weapons seized by police are kept secure until the orders that led to their confiscation are completed, canceled, or transferred by a court. Officers who discover firearms on a respondent are immediately arrested without warrants.

Duration, Renewal, and Termination

  • According to Penal Code 18150, ex parte orders are valid for 21 days. 

  • After a full hearing, a GVRO is in effect for one year. 

  • Renewals. Before any order expires, courts must hold a renewal hearing under PC 18170. If petitioners want the case to last longer than five years, they must give new evidence, such as threats of violence, updates on treatment, or new police interactions. 

  • Early termination. Under PC 18185, respondents can seek early termination if they believe the risk factors have improved. Courts use the same “clear and convincing” standard when deciding on termination requests. 

  • Restoration of rights. After your firearm rights are not renewed or terminated, they will be automatically restored unless you have other legal disabilities (convictions for felonies, mental health commitments). 

GVRO Violations and the Resulting Penalties 

If you violate GVRO terms by possessing or trying to get firearms or ammunition, refusing to surrender, or not disclosing weapons, you could be charged with offenses under Penal Codes 29825 and 18205. The severity of the crime and the number of past violations affect the penalties.

  • Misdemeanor: If you are convicted of a misdemeanor, you may be sentenced to a year in county jail or be required to pay a fine of up to $1,000.

  • Felony: If the crime is aggravated or happens more than once, the offender may be sent to state prison for up to three years and fined up to $10,000.

  • Probation: When courts sentence someone to probation, the offender may have to undergo counseling, complete firearm safety classes, and ensure regular check-ins with a probation officer.

  • Federal Prohibition: 18 U.S.C. § 922(g)(8) allows for federal firearm bans against offenders, supporting state rules and preventing them from getting guns in other states. 

Legal Standards and Burdens of Proof

GVROs are handled using steps that add more safeguards as the process continues. 

  • Emergency GVROs. An officer can start an emergency GVRO if they believe there is immediate danger and the respondent is not notified beforehand; the order lasts 21 days. 

  • Ex Parte GVROs. These require a “substantial likelihood” of danger, and the respondent is not present; they last for 21 days. 

  • Full GVRO Hearings. The evidence needed is “clear and convincing”; the process is adversarial; the order lasts one year and can be renewed for up to five years.

It allows for a fair amount of interference with people’s Second Amendment rights, while ensuring risks are handled quickly and procedures are strengthened. 

Duties of Healthcare Providers 

Psychiatrists, psychologists, social workers, and primary care providers are essential for finding at-risk people and assisting with safety planning. 

  • Risk Documentation. Warning signs, including suicidal thoughts, threats of violence, or unusual behavior, are noted by clinicians in the patient’s medical records and progress notes. 

  • Safety Planning. Discuss firearm storage options with patients and their families, such as keeping them in locked storage facilities or having them transferred to licensed dealers. At the same time, cooperate with mental health teams to handle all aspects of a crisis.

  • Emergency GVRO Referrals. When a patient is in crisis, providers may recommend that law enforcement take out emergency GVROs to support the response.

  • HIPAA Compliance. According to the imminent-threat exception (45 C.F.R. § 164.512(j)), clinicians may reveal PHI without consent if they believe it is necessary to avoid a serious threat to health or safety.

Alternative and Complementary Interventions

GVROs are used together with other methods in the law and healthcare, including: 

Domestic Violence Restraining Orders (DVROs) 

According to Family Codes 6200–6409, DVROs offer broad protections, such as no-contact, stay-away, and firearm prohibitions, for situations involving intimate partner violence. When domestic risks are increased by firearms, DVROs and GVROs can be used at the same time. 

Tarasoff Duty Rights

Therapists are required to follow the guidelines set by Tarasoff v. Regents of the University of California. If a client is a threat, therapists must notify the potential victim or authorities, or they may be held civilly liable if they do not act. A Tarasoff warning can lead to imposing a GVRO or a DVRO. 

Involuntary Psychiatric Holds are known as 5150s

Under W&I 5150, a provider may place someone on a 72-hour hold to check their risk to themselves or others. GVROs can be used together with holds, so firearms are kept out of reach during medical treatment.

Responding to a GVRO Petition

All respondents who receive a GVRO form, such as:

  • EPO-002: An emergency order requiring the suspect to surrender immediately and appear in court. 

  • GV-110: A temporary (ex parte) order preventing access to firearms for 21 days. 

  • GV-109: Letter informing about the hearing date. Respondents must carry out these essential steps: 

    • Surrender: Within 48 hours, give your firearms to law enforcement or licensed dealers and submit Form GV-250 to the court and the enforcing agency. 

    • Contest: Should you choose to dispute, send in Form GV-120 with proof of service, go to the hearing, and provide evidence or witnesses. 

    • Agree: You can avoid a hearing by submitting Form GV-125, giving up your weapons, and accepting the final judgment. 

    • Legal Support: You can get free help at court self-help centers or hire a lawyer; you may also be eligible for fee waivers if you cannot afford a lawyer. Following procedures on time and completing forms correctly helps respondents keep their due process rights and proves they cooperate.

Find a Restraining Order Law Firm Near Me

Gun violence restraining orders are among the strongest ways in California to prevent harm caused by guns before it happens. GVROs give concerned family members, roommates, coworkers, and law enforcement officers the ability to temporarily prevent people who seem dangerous from using firearms. Knowing how to file, the options for GVROs, and the rights of all parties can help keep people safe and respect the law.

At Goldman Flores Restraining Order Law Firm, we are devoted to helping people in California deal with legal matters related to firearm safety and protection orders. Contact us at 213-341-4087 to discuss your case with our knowledgeable lawyers.