Amador — GV-110

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/gv110.pdf

Clerk stamps date here when form is filed. Temporary Gun Violence GV-110 Restraining Order Petitioner must complete items 1 and 2 only. 1 Petitioner a. 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

b. Your Lawyer (if you have one for this case):
Name: State Bar No.: Court fills in case number when form is filed.
Firm Name: Case Number:
c. Your Address (If you have a lawyer, give your lawyer’s information. If
you do not have a lawyer and want to keep your home address private,
you may give a different mailing address instead. You do not have to
give telephone, fax, or email. Law enforcement officer, give agency
information.)
Address:
City: State: Zip:
Telephone: Fax:
Email Address:

2 Respondent Full Name: Description:

Sex: M F Height: Weight: Date of Birth:
Hair Color: Eye Color: Age: Race:
Home Address (if known):
City: State: Zip:
Relationship to Petitioner:

The court will complete the rest of this form.

3 Expiration Date This Order expires at the end of the hearing scheduled for the date and time below: Date: Time: a.m. p.m.

This is a Court Order.

Judicial Council of California, www.courts.ca.gov Rev. September 1, 2020, Mandatory Form Temporary Gun Violence Restraining Order GV-110, Page 1 of 5 Penal Code, § 18150 et seq. (CLETS-TGV) (Gun Violence Prevention) Approved by DOJ

Case Number:

4 Findings Having examined Petitioner and other witnesses under oath, Having considered the declarations of Petitioner and other witnesses under penalty of perjury, a. The court finds that there is a substantial likelihood that both of the following are true: (1) Respondent poses a significant danger in the near future of causing personal injury to themself or another person by having in their custody or control, owning, purchasing, possessing, or receiving firearms, ammunition, or magazines. (2) A temporary gun violence restraining order is necessary to prevent personal injury to 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. b. The court has received credible information that Respondent owns or possesses one or more firearms, ammunition, or magazines. c. The facts as stated in the Petition and supporting documents, which are incorporated here by reference, establish sufficient grounds for the issuance of this Order. And for the reasons stated below.

See the attached Attachment (form MC-025).

5 No Fee to Serve (Notify) Restrained Person If the sheriff or marshal serves this order, service will be free.

This is a Court Order.

Rev. September 1, 2020 Temporary Gun Violence Restraining Order GV-110, Page 2 of 5 (CLETS-TGV) (Gun Violence Prevention)

Case Number:

6 Order Prohibiting All Firearms, Ammunition, and Magazines a. You cannot have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive, any firearm or ammunition, including magazines (ammunition feeding devices). b. The court has received credible information that you own or possess one or more firearms, ammunition, or one or more magazines that have not been surrendered or sold. You must: (1) Surrender all firearms and ammunition, including magazines, in your custody or control or that you possess or own. If a law enforcement officer orders you to surrender all of your firearms and ammunition, including magazines, to the officer, you must surrender them to the officer. If no order to surrender is made by a law enforcement officer, you must surrender all of your firearms and ammunition, including magazines, within 24 hours of being served with this Order. You may do so by: a. surrendering all of your firearms and ammunition, including magazines, in a safe manner to the local law enforcement agency; or b. selling all of your firearms and ammunition, including magazines, to a licensed gun dealer; or c. storing all of your firearms and ammunition, including magazines, with a licensed gun dealer for as long as this Order or any more permanent order granted at the hearing in item 3 is in effect. (2) Within 48 hours of receiving this Order, file a receipt with the court that proves that your firearms and ammunition have been turned in, sold, or stored. (You may use Proof of Firearms, Ammunition, and Magazines Turned In, Sold, or Stored (form GV-800) for the receipt.) You must also file a copy of the receipt with the law enforcement agency that served you with this order. FAILURE TO FILE THIS RECEIPT IS A VIOLATION OF THIS ORDER. 7 Number of pages attached to this Order, if any:

Date: Judicial Officer Warnings and Notices to the Respondent

To the restrained person: This Order is valid until the expiration date and time noted on page

1. You are required to surrender all firearms, ammunition, and magazines that you own or possess in accordance with section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive, any firearm, ammunition, or magazines while this order is in effect. A hearing will be held on the date and at the time noted on Page 1 to determine if a more permanent gun violence restraining order should be issued. Failure to appear at the hearing may result in a court making an order against you that is valid for a period between one and five years. You may seek the advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order. Violation of this Order is a misdemeanor. If you violate this Order, you will be prohibited from having in your custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm, ammunition, or magazine for a period of five years. This Order must be enforced by any law enforcement officer in the State of California who is aware of or shown a copy of this Order. The Order remains enforceable regardless of the acts of the parties; it may be changed only by an order of the court. This is a Court Order.

Rev. September 1, 2020 Temporary Gun Violence Restraining Order GV-110, Page 3 of 5 (CLETS-TGV) (Gun Violence Prevention)

Case Number:

After You Have Been Served With a Temporary Order

• Obey the order by turning in all firearms, ammunition, and magazines to a law enforcement agency or selling them to or storing them with a licensed gun dealer. • Read How Can I Respond to a Petition for Gun Violence Restraining Order? (form GV-120-INFO) to learn how to respond to this Order. • If you do not oppose the petition, fill out Consent to Gun Violence Restraining Order and Surrender of Firearms (form GV-125) and file it with the court clerk. • If you disagree with the petition, fill out Response to Petition for Gun Violence Restraining Order (form GV-120) and file it with the court clerk. • You must have form GV-120 served by mail on the Petitioner or the Petitioner’s attorney. You cannot do this yourself. The person who does the mailing should complete and sign Proof of Service of Response by Mail (form GV-250). File the completed proof of service with the court clerk before the hearing date or bring it with you to the hearing. • In addition to the response, you may file and have declarations served, signed by you and other persons who have personal knowledge of the facts. You may use Declaration (form MC-030) for this purpose. It is available from the clerk’s office at the court shown on page 1 of this form or at www.courts.ca.gov/forms. If you do not know how to prepare a declaration, you should see a lawyer. • Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the hearing. • At the hearing, the judge can make a gun violence restraining order against you that lasts between one to five years. Tell the judge why you disagree with the order requested. Instructions for Law Enforcement

Duties of Officer Serving This Order The officer who serves this order on the Restrained Person must do the following: • Ask if the Restrained Person is in possession of any firearms, ammunition, or magazines or has custody or control of any that they have not already turned in. • Order the Restrained Person to immediately surrender to you all firearms, ammunition, and magazines. • Issue a receipt to the Restrained Person for all firearms, ammunition, and magazines that have been surrendered. • Complete a proof of personal service and file it with the court. You may use form GV-200 for this purpose. • Within one business day of service, submit the proof of service directly into the California Restraining and Protective Order System (CARPOS), including the serving officer’s name and law enforcement agency. Duties of Agency on Surrender of Firearms, Ammunition, or Magazines The law enforcement agency that has received surrendered firearms, ammunition, or magazines must do the following: • Retain the firearms, ammunition, or magazines until the termination or expiration of this Order or of any other gun violence restraining order issued by the court. • On the expiration of this Order or of any later gun violence restraining order issued by the court, return the firearms, ammunition, or magazines to the respondent as provided by chapter 2 of division 11 of title 4 of the Penal Code (commencing with section 33850). Firearms, ammunition, or magazines that are not claimed are subject to the requirements of section 34000. This is a Court Order.

Rev. September 1, 2020 Temporary Gun Violence Restraining Order GV-110, Page 4 of 5 (CLETS-TGV) (Gun Violence Prevention)

Case Number:

Instructions for Law Enforcement (continued)

• If someone other than the Respondent claims title to any of the firearms, ammunition, or magazines surrendered, determine whether that person is the lawful owner. If so, return the firearms, ammunition, or magazines to that person as provided by chapter 2 of division 11 of title 4 of the Penal Code (commencing with section 33850).

Enforcing This Order The law enforcement officer should determine if the Respondent had notice of the order. Consider the Respondent “served” (given notice) if: • The officer sees a copy of the proof of service or confirms that the proof of service is on file; or • The Respondent was informed of the order by an officer; or • The officer sees a filed copy of form GV-125.

An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on the Respondent cannot be verified, the agency must advise the restrained person of the terms of the order and then enforce it (see above: Duties of Officer Serving This Order).

The provisions in this Temporary Gun Violence Restraining Order do not affect those of any other protective or restraining order in effect, including a criminal protective order. The provisions in any other another existing protective order remain in effect.

(Clerk will fill out this part.)

Clerk’s Certificate —Clerk's Certificate— [seal] I certify that this Temporary Gun Violence Restraining Order (CLETS-TGV) (form GV-110) is a true and correct copy of the original on file in the court.

Date: Clerk, by , Deputy

This is a Court Order.

Rev. September 1, 2020 Temporary Gun Violence Restraining Order GV-110, Page 5 of 5 (CLETS-TGV) (Gun Violence Prevention)

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