Amador — GV-120-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/gv120info.pdf

How Can I Respond to a Petition for aGV-120-INFO Gun Violence Restraining Order?

What is a gun violence restraining order? What if I don't obey the temporary order? The police can arrest you. You can go to jail and pay aIt is a court order that temporarily prohibits someone from fine. You could lose access to firearms for a longer periodhaving any guns, ammunition, or magazines (any of time.ammunition feeding device). The person must surrender all guns, ammunition, and magazines that he or she currently What if I don't agree with what the owns. order says? If you disagree with the order that the Petitioner is asking I've been served with a Petition for, fill out Response to Petition for Gun Violence for Gun Violence Restraining Restraining Order (form GV-120) before your hearing date Order. What do I do now? and file it with the court. You can get the form from legal publishers or on the Internet at www.courts.ca.gov. YouRead the papers served on you very carefully. The Notice also may be able to find it at your local courthouse orof Court Hearing (form GV-109) tells you when to appear county law library.in court. There may also be a Temporary Gun Violence Restraining Order (form GV-110) prohibiting you from What if I don't oppose the Petition?having any guns, ammunition, or magazines and requiring If you agree to give up your access to firearms and youryou to surrender, sell, or store any guns, ammunition, or rights to own, possess, and buy guns, ammunition, andmagazines that you currently own or possess. You must magazines for the time period requested in the petition,obey the order until the hearing. which is between one and five years, then you can fill out Who can ask for a gun violence restraining Consent to Gun Violence Restraining Order and Surrender order? of Firearms (form GV-125) and check the box for item 4a. Make sure you take it to the court clerk and file it, and thenThe petition must have been filed by a: mail it to the person or law enforcement agency that • Law enforcement officer or law enforcement applied for the petition. The court will issue the gun agency, violence restraining order before the hearing and remove • An employer, the hearing from the calendar. You do not have to go to • A coworker who has had “regular interactions” your court date, and the court will mail you a copy of the with you for at least a year, order. Make sure you check with the court to see if you • A teacher or employee of a school that you have have to show up for your court date. attended in the last 6 months, or Will I have to pay a filing fee? • An immediate family member of yours. No.Immediate family member is defined by this law to include people who are not blood relatives. The definition includes Do I have to serve the other person with a (1) your spouse or domestic partner; (2) your parents, copy of my response? Yes. Have someone age 18 or older—not you—mail achildren, siblings, grandparents, and grandchildren and copy of completed Response to Petition for Gun Violencetheir spouses, including any stepparent or stepgrandparent; Restraining Order (form GV-120) to the person who asked (3) your spouses parents, children (your stepchildren), for the order (or that person’s lawyer). (This is called siblings, grandparents, and grandchildren; and (4) any “service by mail.”) other person who regularly resides in the household, or who, within the last six months, regularly resided in the The person who serves the form by mail must fill out household. Proof of Service by Mail (form GV-250). Have the person who did the mailing sign the original. Take the completed form back to the court clerk or bring it with you to the hearing.

Judicial Council of California, www.courts.ca.gov GV-120-INFO, Page 1 of 2Rev. September 1, 2020, Optional Form How Can I Respond to a Petition for Penal Code, § 18150 et seq. a Gun Violence Restraining Order? (Gun Violence Prevention)

How Can I Respond to a Petition for aGV-120-INFO Gun Violence Restraining Order?

Will I see the person who asked for the orderDo I need a lawyer? at the court hearing?

Having a lawyer is always a good idea, but it is not Assume that the person who is asking for the order willrequired, and you are not entitled to a free, court-appointed attend the hearing. It is probably best not to talk to themattorney. Ask the court clerk about free and low-cost legal unless the judge or that person’s attorney says that you can.services and self-help centers in your county.

How long does the order last? Can I bring a witness to the court hearing? Yes. You can bring witnesses or documents that supportIf the court issued a temporary restraining order before the your case to the hearing. But if possible, you should alsohearing, it will last until your hearing date. At that time, the bring the witnesses’ written statements of what they saw orcourt will decide whether to issue a gun violence heard. Their statements must be made under penalty ofrestraining order that can last for one to five years. perjury. (You can use Declaration (form MC-030) for this purpose.) Should I go to the court hearing? Yes. You should go to court on the date listed on Notice of Can I agree with the protected person to Court Hearing (form GV-109). If you do not go to the terminate the order? hearing, the judge can extend the order against you for a No. Once the order is issued, only the judge can change orperiod between one and five years without hearing from terminate it. You would have to file a request with theyou. court to terminate the order.

What if I need help to understand English? When you file your papers, ask your courts clerk or self- help center if your court will provide an interpreter for you at no cost. If not, you will have to pay a fee for the interpreter. If an interpreter is not available for your court date, you should ask someone who is over age 18 to interpret for you.

What if I am deaf or hard of hearing? Assistive listening systems, computer- assisted real-time captioning, or sign language interpreter services are available if you ask at least five court days before the hearing. Contact the clerk’s office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons with Disabilities and Response (form MC-410). (Civ. Code, § 54.8.) For help in your area, contact: [Local information may be inserted.]

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