Gun Violence

THE USE AND IMPORTANCE OF GVROs in CALIFORNIA.

A court order known as a “gun violence restraining order” (GVROs) forbids someone from owning a gun, ammunition, or magazines (ammunition storage and feeding devices). Courts can impose GVROs to prevent dangerous people from possessing firearms or ammunition under California’s version of what is popularly known as a “red flag statute.” Under this act, if you believe that any of your immediate family members or friends are at risk of gun violence, you can apply for GVROs. In California, there are three types of GVROs:

Emergency GVRO: Only law enforcement personnel can seek an emergency GVRO.
Temporary Gun Violence Restraining Order: A Temporary Gun Violence Restraining Order may be requested by both law enforcement officials and the subject of the petition’s immediate family (relations described below).
Gun Violence Restraining Order After Notice and Hearing: After the subject has been given notice and there has been a court hearing, the petitioner may be able to show “clear and convincing evidence that the subject poses a significant danger of injury to self or others” to obtain a final Gun Violence Restraining Order lasting between one and five years.

Who may request a restraining order against gun violence?

The report was published in JAMA Health Forum: 2,870 adults who are statistically representative of the adult population in California responded to the poll in July 2020. It evaluated individual readiness to utilize a GVRO when a family member was in danger, but still, GVROs have certain limitations. For instance, the relationship should be:

Your child or grandchild
A parent or grandparent (including stepparents)
Some in-laws (including your spouse’s children, parents, or siblings)
Someone who usually resides in your home or has done so within the previous six months

More restrictions include:

The employer of the respondent
A coworker who has known the respondent for at least a year and has the employer’s permission to request
A teacher or other staff member at a secondary or postsecondary school which the respondent has recently attended, as long as the employee has the permission of the institution

The study also shows that a person who has a gun or could obtain one and is experiencing an emotional crisis has severe dementia or a condition similar to it, has threatened to harm themselves physically, has threatened to harm another person physically, or has threatened to harm a group of people physically.

What if you are not eligible to apply for a gun violence restraining order?

Above all, if you do not fall into any of these, you may still go to the police, report your worries, and ask them to seek an emergency, temporary GVRO. Law enforcement might reject your appeal for GVROs, but depending on the circumstances, you might be qualified to seek another restraining order in California. For instance, the state establishes guidelines for restraining orders to stop elder abuse, workplace harassment, domestic violence, and other types of violence. A study also shows that in at least one of the risk-based situations, 30% of respondents were reluctant to seek a GVRO for a family member. The reason includes a lack of knowledge regarding GVRO and another justification was the idea that the risk scenarios were personal or family issues.

Regulations for Emergency Restraining Orders Against Gun Violence in California During the COVID-19 State of Emergency.

Under Cal. Rules of Court, App. I, Emergency rule 8. The Judicial Council of California passed an emergency rule extending the standard duration for temporary GVROs during COVID times. Under this emergency rule, the hearing on long-term orders, which often occurs within 21 days, determines when these temporary orders expire, any temporary GVRO that is issued or due to expire throughout California’s COVID-related state of emergency will continue to be in force for as long as the court determines is necessary to allow for a hearing on the long-term order, but no longer than 90 days after the emergency order is issued.

Procedure to Request a Gun Violence Restraining Order:

If you qualify for a GVRO, you will often begin the process by submitting a petition for a temporary restraining order against gun violence in a court near the respondent’s residence or where any previous threats or injuries happened.
The judge must either grant the temporary GVRO or reject your request on the same day you file it (or the next court day if you apply it too late).
The judge will interview you and any witnesses you offer before making that choice, or they may ask you to provide sworn testimonies in writing. In any case, you must submit specific, thorough information and records that can back up the kind of evidence the judge will require to issue the order.
You should ask your local law enforcement agency to serve the respondent with a temporary order if the judge issues one.
Lastly, the paperwork for requesting a final GVRO must be submitted. Whether the interim order is granted or rejected, the court must set a hearing within 21 days to determine if a last order is required. This implies you will have another opportunity to present your case and persuade the court to issue a ruling. You should have any supporting documentation or witnesses when you attend the hearing. The judge might question you. You can exchange questions with the respondent and vice versa. Also, under (Cal. Penal Code §§ 18150, 18155, 18160, 18165 (2021)) If you do not show up for the hearing, you will have to start the process over since the interim order expires on that day.

Moreover, The California Courts website provides detailed information and downloadable forms for filing paperwork to request a GVRO, oppose a request, and have an existing order lifted or renewed.

What evidence is needed in California for a restraining order against gun violence?

California also requires proof for a Gun Violence Restraining Order otherwise, they will not issue a GVRO. The one asking for it must have the orders required because alternative measures have either failed or are inappropriate in the given situation and because the respondents constitute a considerable risk of harming themselves or others by possessing firearms. The risk of harm must be imminent in the case of transient GVROs. Moreover, the proof requirement differs between interim and final rulings. The evidence must demonstrate a “substantial possibility” that the threat exists and the order is required because temporary orders are only valid for three weeks. To issue a final GVRO, a court must conclude that there is “clear and compelling evidence.” The judge must consider other evidence in addition to considering various types of proof while reaching those determinations. Below are the pieces of evidence:

Recent violations of domestic violence or other types of protection orders
Recent threats or acts of violence (against oneself or others)
A history of violent threats or actions over the preceding year
A criminal conviction that would prevent the responder from possessing weapons.

How long do restraining orders for guns violence last?

In particular, under Cal. Penal Code §§ 18175, 18190 (2021). The court may renew an original GVRO for up to five years if the original order is still valid, with the length of the reissued order ranging from one to five years. Also, the most crucial factor to consider while managing a temporary gun violence restraining order against someone is GVRO filing.

If the judge has asked for an interim order, the person should be served with the order and notice of the GVRO hearing, and they might also be asked to turn over any weapons and ammunition they may have on hand. They must submit a response before the hearing date if they want the judge to hear their argument if they wish to contest the order. They are also advised to retain legal counsel to represent them at the hearing. The council can assist in gathering and presenting evidence, cross-examining witnesses for the petitioner, and defending their rights throughout the proceedings.

Penalties for breaking restraining orders against gun violence:

Moreover, under Cal. Penal Code § 18205 (2021), when you know that you are prohibited from possessing firearms or ammunition by a California gun violence restraining order (or similar order from another state) and still own one, you will be banned from having or attempting to get a gun or ammunition for five years.

Verdict of GVROs:

In conclusion, GVROs can be a powerful tool against violence. According to previous studies, GVROs have been used successfully to stop mass harm and effectively prevent suicide. Nonetheless, the employment of GVROs is still relatively infrequent.

The number of GVROs used in California increased from 70 orders in 2016, the year the statute took effect, to 700 orders in 2019. Unfortunately, the law has not been widely adopted, perhaps because many need to be made aware. Given the high levels of individual willingness to use a GVRO, including among gun owners and non-owners who share a residence with owners, the current study suggests that increased usage of GVROs to prevent firearm injury and death in California and other parts of the country may result from better knowledge of GVROs.

Grace Legal Group, Inc. assists clients with Los Angeles, California Restraining Orders

Our Los Angeles restraining order attorneys are able to assist you in filing for the protection you need so that you may live your life without anxiety. Each client’s case is handled individually by the attorney, who first listens to their side of the story and then represents them in court. Do not go through the difficult and sometimes emotionally draining process of obtaining a restraining order on your own; instead, call our office right now if you are thinking about doing so.