What is a Gun Violence Restraining Order?

A Gun Violence Restraining Order (GVRO) is a restraining order that prevents a person from having in their custody or control, owning or possessing, or receiving any firearms or ammunition.

The Judge must consider evidence of: 

(A)  A recent threat of violence or act of violence by you directed toward another.
(B)  A recent threat of violence or act of violence by you directed toward yourself.
(C)  A violation of an emergency protective order issued under the Family Code.
(D)  A recent violation of an unexpired protective order under the Family Code, or the Code of Civil Procedure, or the Welfare and Institutions Code.
(E)  A conviction for any offense listed in Penal Code Section 29805.
(F)  A pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by you directed toward yourself or another.

The Judge may consider any other evidence of an increased risk for violence, including, but not limited to, evidence of:

(A)  The unlawful and reckless use, display, or brandishing of a firearm by you.
(B)  The history of use, attempted use, or threatened use of physical force by you against another person.
(C)  A prior arrest of the subject of the petition for a felony offense.
(D)  A history of a violation by the subject of the petition of an emergency protective order issued under the Family Code.
(E)  A history of a violation by the subject of the petition of a protective order issued under the Family Code, or the Code of Civil Procedure, or the Welfare and Institutions Code.
(F)  Documentary evidence, including, but not limited to, police reports and records of convictions, of either recent criminal offenses by you that involve controlled substances or alcohol or ongoing abuse of controlled substances or alcohol by you.
(G)  Evidence of recent acquisition of firearms, ammunition, or other deadly weapons.

At the hearing, the person asking for the GVRO has the burden of proving, by clear and convincing evidence, that both of the following are true:

1. You pose a significant danger of causing personal injury to yourself or another by in your custody or control, owning, purchasing, possessing, or receiving a firearm, ammunition, or magazine.
2. A gun violence restraining order is necessary to prevent personal injury to you, or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition. 

Who Can Get a Gun Violence Retraining Order

1. An immediate family member
2. An employer
3. A coworker
4. An employee or teacher
5. A law enforcement officer
6. A roommate of the subject of the petition
7. An individual with whom you have had a dating relationship
8. An individual with whom you have a child in common 

If the court finds that there is clear and convincing evidence to issue a gun violence restraining order, the court shall issue a gun violence restraining order that prohibits you from having in your custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm, ammunition, or magazine.

If the court finds that there is not clear and convincing evidence to support the issuance of a gun violence restraining order, the court shall dissolve a temporary emergency or ex parte gun violence restraining order.