Amador — GV-100-INFO

Source: https://amador.courts.ca.gov/system/files/forms-and-filings/gv100info.pdf

GV-100-INFO Can a Gun Violence Restraining Order Help Me?

These instructions cannot cover all of the questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see a lawyer or a self-help center.

What is a gun violence restraining order? It is a court order that temporarily prohibits someone from having any guns, ammunition, or magazines (ammunition feeding devices). The person must surrender all guns, ammunition, and magazines that he or she currently owns. The police will come and remove the guns or the person can store them with a licensed gun dealer while the restraining order is in effect. The restrained person also Will the order protect me in other ways, such cannot buy any guns, ammunition, or magazines during as keeping the person from coming near me? this time. No, the only order the court can make is to force the person Can I get a gun violence restraining order to not have firearms, ammunition, or magazines. If you need personal protection from a family member, youagainst someone? should proceed under the Domestic Violence PreventionYou can ask for one if you are connected to the person you Act. See Can a Domestic Violence Restraining Order Helpthink is dangerous as: Me? (form DV-500-INFO) for information on how to1. An immediate family member; proceed. For information on other civil restraining orders,2. An employer; please see www.courts.ca.gov/selfhelp-abuse.htm.3. A coworker who has substantial and regular interactions with the person, and has worked with them for at least a What forms do I need to get the order? year. You must have permission from your employer to ask You must fill out the following forms:for this restraining order; o Petition for Gun Violence Restraining Order4. An employee or teacher at a school that the person has (form GV-100);attended in the last six months, and you have permission o Confidential CLETS Information (formfrom a school administrator or a school administration staff CLETS-001);who has a supervisorial role; and/or o Notice of Court Hearing (form GV-109), items 15. A law enforcement officer or law enforcement agency. and 2 only; and Immediate family members include: o Temporary Gun Violence Restraining Order (1) Your spouse or domestic partner; (form GV-110), items 1 and 2 only. (2) Your parents, children, siblings, grandparents, and grandchildren and their spouses, including any stepparent You may need other local forms. Ask your self-help or stepgrandparent; center or visit your court's website. (3) Your spouse’s parents, children (your stepchildren), Where can I get these forms? siblings, grandparents, and grandchildren; and You can get the forms from legal publishers or on the (4) Any other person who regularly resides in the Internet at www.courts.ca.gov. You also may be able to household, or who, within the last six months, regularly find them at your local courthouse or county law library. resided in the household. If you do not have the necessary relationship, advise a law What do I need to do to get the order? enforcement officer of the situation. The officer may You must go to the superior court in the county where the investigate and file the petition if he or she finds that the person to be restrained lives. At the court, ask where you grounds exist. should file your request for a gun violence restraining order. (A self-help center or legal aid association may be Will I have to pay a filing fee to request the able to assist you in filing your request.) Give your forms order? to the clerk of the court. The clerk will give you a hearing No. date on the Notice of Court Hearing form.

Judicial Council of California GV-100-INFO, Page 1 of 3www.courts.ca.gov Can a Gun Violence Restraining Order Help Me? Rev. September 1, 2020, Optional Form (Gun Violence Prevention)Penal Code, § 18100 et seq.

GV-100-INFO Can a Gun Violence Restraining Order Help Me?

How soon can I get the order? What do I have to prove to get the order? You can ask for a Temporary Gun Violence Restraining You will have to convince the judge that the person to be Order, which will be effective right away if granted. The restrained poses a significant danger in the near future of court may decide whether or not to grant the temporary causing personal injury to himself, herself, or another order based only on the facts that you have stated in your person by having in his or her custody or control, owning, petition. If so, the court will decide within 24 hours purchasing, possessing, or receiving any firearms, whether or not to make the temporary order. Sometimes the ammunition, or magazines. court will want to examine you personally under oath. The clerk will tell you whether you should wait to talk to the You will also have to convince the judge that a gun judge or come back later to find out if the court has signed violence restraining order is needed to prevent personal a temporary order. injury to the person to be restrained or to another person because less restrictive alternatives either have been tried If you don't ask for a temporary restraining order, you will and haven’t worked, or are inadequate or inappropriate for have to wait until the hearing, at which the court will the current circumstances. decide whether to make an order that will last for a period of time between 1– 5 years. How can I convince the judge? You will need to give the judge specific information. YouHow will the person to be should tell the judge everything that you know about the restrained know about the order? firearms, ammunition, or magazines that the person to be If the court issues a temporary restraining order, someone restrained currently owns, including how many the person age 18 or older—not you—must personally “serve” (give) owns, the types, and where they are kept. the person to be restrained a copy of the order. The server must then fill out Proof of Personal Service (form GV-200) Then you will need to present facts to show that the person and give it to you to file with the court. If the person to be to be restrained is dangerous. This could be information restrained attends the hearing, no further proof of service is about any threat of violence that the person to be restrained required. But if they do not attend the hearing, then any has made, any violent incident in which the person has order issued at the hearing must also be personally served. been involved, or any crime of violence the person has For help with service, ask the court clerk for What Is committed. It could also be evidence that the person to be “Proof of Personal Service?” (form GV-200-INFO). Note: restrained has violated a protective order or abuses A sheriff or marshal can serve the order for free. controlled substances or alcohol. It could also be evidence of the unlawful and reckless use, display, or brandishing of a firearm or the recent acquisition of a firearm. Or it could be evidence that the person to be restrained has been Do I need a lawyer? identified by a mental health provider as someone prohibited from purchasing, possessing or controlling anyHaving a lawyer is always a good idea, but it is not firearms.required and you are not entitled to a free, court-appointed attorney. Ask the court clerk about free and low-cost legal You should include all of this information in your Petitionservices and self-help centers in your county. and also be prepared to present it to the judge at the hearing.

Rev. September 1, 2020 Can a Gun Violence Restraining Order Help Me? GV-100-INFO, Page 2 of 3 (Gun Violence Prevention)

GV-100-INFO Can a Gun Violence Restraining Order Help Me?

Do I have to go to court? How long does the order last? Yes. Go to court on the date the clerk gives you. If the court makes a temporary order, it will last until your hearing date, which must be within 21 days of the date of the temporary order. If at the hearing the court issues a more permanent order, it will last for one to five years. It may be renewed for an additional one to five years.

What if the restrained person does not obey the order? Call the police. The restrained person can be arrested and charged with a crime.

Can I agree with the restrained person to terminate the order? No. Once the order is issued, only the judge can change or terminate it. The restrained person would have to file a request with the court to terminate the order.

What if I need help to understand English?

Will I see the restrained person at the court When you file your papers, ask your court’s clerk or self- hearing? help center if your court will provide an interpreter for If the person comes to the hearing, yes. If you are afraid, you at no cost. If not, you will have to pay a fee for the tell the court officer. interpreter. If an interpreter is not available for your court date, you should ask someone who is over age 18 Can I bring someone with me to court? to interpret for you. Yes. You can bring someone to sit with you during the hearing, but that person cannot speak for you in court. Only What if I am deaf or hard of hearing? you or your lawyer (if you have one) can speak for you. Assistive listening systems, computer- Do I need to bring a witness to the hearing? assisted real-time captioning, or sign language interpreter services are Witnesses are not required, but it helps to have more proof available if you ask at least five days than just your word. For example, consider bringing: before the hearing. Contact the clerk’s office or go to www.courts.ca.gov/forms • Witnesses for Request for Accommodations by • Written statements from witnesses made under oath Persons with Disabilities and Response • Photos (Form MC-410). (Civ. Code, § 54.8.) • Medical or police reports • Damaged property For help in your area, contact: • Threatening letters, emails, or telephone messages [Local information may be inserted.] The court may or may not let witnesses speak at the hearing. So, if possible, you should bring their written statements under oath to the hearing. (You can use Declaration (form MC-030) for this purpose.)

Rev. September 1, 2020 Can a Gun Violence Restraining Order Help Me? GV-100-INFO, Page 3 of 3 (Gun Violence Prevention) Print this form Save this form