San Francisco — Notice of the Court Hearing (GV-109)

Source: https://www.courts.ca.gov/documents/gv109.pdf

GV-109 Notice of Court Hearing Clerk stamps date here when form is filed.

Petitioner must complete items 1 and 2 only.

1 Petitioner Your Full Name or Name of Law Enforcement Agency:

I am: A family member of the respondent.
An officer of a law enforcement agency.
An employer of the respondent. Fill in court name and street address:
A coworker of the respondent. Superior Court of California, County of
An employee or teacher of a secondary or postsecondary
school that the respondent has attended in the last 6
months.
A roommate of the respondent.
A person who has a dating relationship with the Court fills in case number when form is filed.
respondent. Case Number:
A person who has a child in common with the
respondent.

2 Respondent Full Name: The court will complete the rest of this form. 3 Hearing Name and address of court if different from above: Hearing Date: Time: Date Dept.: Room:

You may attend your hearing remotely, such as by phone or videoconference. For more information, go to the court’s website for the county listed above. To find the court’s website, go to www.courts.ca.gov/find-my-court.htm.

To the person in 2 : If you attend the hearing (in person, by phone, or by videoconference) and the judge grants a restraining order against you, the order will be effective immediately, and you could be arrested if you violate the order. If you do not attend the hearing, the judge may still grant the restraining order that could last up to five years. After you receive a copy of the order, you could be arrested if you violate the order. 4 Temporary Gun Violence Restraining Order (Any order granted is on form GV-110, served with this notice.) a. A Temporary Gun Violence Restraining Order as requested in Petition for Gun Violence Restraining Order (form GV-100) is (check only one box below): (1) GRANTED until the court hearing. (2) DENIED until the court hearing. (Specify reasons for denial in b, below.)

Judicial Council of California, www.courts.ca.gov Rev. January 1, 2025, Mandatory Form Notice of Court Hearing GV-109, Page 1 of 3 Penal Code, § 18100 et seq. (Gun Violence Prevention) Approved by DOJ

Case Number:

4 b. Reasons for denial of a Temporary Gun Violence Restraining Order as requested in Petition for Gun Violence Restraining Order (form GV-100) are: (1) The facts as stated in form GV-100 do not show that there is a substantial likelihood that both of the following are true: Respondent poses a significant danger of causing personal injury to themself or another person by having custody or control of, owning, purchasing, possessing, or receiving firearms, firearm parts, ammunition, or magazines. This includes firearm receivers and frames, and any item that may be used as or easily turned into a receiver or frame (see Penal Code section 16531). A gun violence restraining order is necessary to prevent personal injury to the respondent or to another person because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the current circumstances.

(2) Other (as stated): Below On Attachment 4b(2)

5 Service of Documents on Respondent At least five calendar days before the hearing, a law enforcement officer or someone age 18 or older—and not a party to the action—must personally give (serve) a court file-stamped copy of this form GV-109 to the respondent, along with a copy of all the forms indicated below:

a. GV-100, Petition for Gun Violence Restraining Order (file-stamped)
b. GV-110, Temporary Gun Violence Restraining Order (file-stamped) IF GRANTED
c. GV-120GV-120, Response to Petition for Gun Violence Restraining Order (blank form)
d. GV-120-INFO,GV-120-INFO How Can I Respond to a Petition for a Gun Violence Restraining Order?
e. GV-125GV-125 , Consent to Gun Violence Restraining Order and Surrender of Firearms (blank form)
f. Other (specify):

Date:

Judicial Officer

Rev. January 1, 2025 Notice of Court Hearing GV-109, Page 2 of 3 (Gun Violence Prevention)

Case Number:

To the Petitioner in 1:

The court cannot make an order at the court hearing unless the respondent has been personally given (served) a copy of the Petition and a temporary order if issued. To show that the respondent has been served, the person who served the forms must fill out a proof of service form. Proof of Personal Service (form GV-200GV-200) may be used. For information about service, read What Is “Proof of Personal Service”? (form GV-200-INFOGV-200-INFO). You may ask to reschedule the hearing if you are unable to find the respondent and need more time to serve, or for other good reasons. Use Request to Continue Court Hearing for Gun Violence Restraining Order (form GV-115GV-115). You must attend the hearing if you want the judge to make any of the orders you requested on form GV-100, Petition for Gun Violence Restraining Order. Bring any evidence or witnesses you have. For more information, read form GV-100-INFOGV-100-INFO, Can a Gun Violence Restraining Order Help Me? To the Respondent: If you want to oppose the Petition for Gun Violence Restraining Order (form GV-100) in writing, file Response to Petition for Gun Violence Restraining Order (form GV-120GV-120) and have someone age 18 or older—not you—mail it to the Petitioner. The person who mailed the form must fill out a proof of service form. Proof of Service by Mail (form GV-250GV-250) may be used. File the completed form with the court before the hearing and bring a copy with you to the court hearing. Whether or not you respond in writing, attend the hearing if you want the judge to hear from you before making an order. You may tell the judge why you agree or disagree with the order requested. You may bring witnesses and other evidence. At the hearing, the judge may order you to turn in to law enforcement, or sell to or store with, a licensed gun dealer, any firearms (guns), firearm parts, ammunition, or magazines that you own or possess. This includes firearm receivers and frames, and any item that may be used as or easily turned into a receiver or frame (see Penal Code section 16531). If issued, the order will last for one year. If an order is granted, you will also be prohibited from owning, possessing, or buying body armor and will have to relinquish any body armor you have. If you do not oppose the petition and are willing to give up your firearm rights, complete and file a Consent to Gun Violence Restraining Order and Surrender of Firearms (form GV-125GV-125). If you are unable to attend your court hearing or need more time to prepare your case, you may ask to reschedule your court date. Use Request to Continue Court Hearing for Gun Violence Restraining Order (form GV-115).

Request for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign language
interpreter services are available if you ask at least five days before the hearing. Contact the
clerk’s office or go to www.courts.ca.gov/forms for Disability Accommodation Request (form
MC-410MC-41 ). (Civ. Code, § 54.8.)
(Clerk will fill out this part.)
—Clerk's Certificate—
I certify that this Notice of Court Hearing (form GV-109) is a true and correct copy of the original on file in the
court.

Clerk’s Certificate Date:

[seal] Clerk, by , Deputy

Rev. January 1, 2025 Notice of Court Hearing GV-109, Page 3 of 3 (Gun Violence Prevention) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form