Gun Violence Restraining Order
Professional legal guidance to protect your rights and ensure your safety under California law
UNDERSTANDING YOUR RIGHTS
What is a GVRO?
A GVRO is also known as a Gun Violence Restraining Order. It is a court order that temporarily removes firearms and ammunition from a person who is believed to pose a significant danger to themselves, or others. Usually, a person is served with a temporary order and would need to relinquish all firearms and ammunition. A person is then given a hearing date where he/she can defend their case and present evidence in their favor.
Typically law enforcement or someone such as an immediate family member can file a petition if they believe that the restrained person posses a significant danger of hurting themselves or others with a firearm. An ex parte order should also be necessary to prevent injury because less restrictive alternatives are ineffective, inadequate/inappropriate.
What Does a GVRO do?
A GVRO requires that the person must relinquish in their possession all their firearm and ammunition. It further prevents a person from purchasing, or having in their custody/control any firearms or ammunition.
What should I do if I was served with a GVRO?
If you’ve been served with a Gun Violence Restraining Order (GVRO), it’s important to act quickly and carefully. Begin by thoroughly reviewing all the paperwork you received and following every temporary court order. Pay close attention to your court date, time, and location.
Next, contact an attorney experienced in GVRO matters as soon as possible. A knowledgeable lawyer can help you prepare your defense, represent your interests in court, and negotiate with the opposing party. Losing your firearm rights is a serious matter — make sure you have skilled legal counsel on your side. Don’t face it alone.
Next, contact an attorney experienced in GVRO matters as soon as possible. A knowledgeable lawyer can help you prepare your defense, represent your interests in court, and negotiate with the opposing party. Losing your firearm rights is a serious matter — make sure you have skilled legal counsel on your side. Don’t face it alone.
Next, contact an attorney experienced in GVRO matters as soon as possible. A knowledgeable lawyer can help you prepare your defense, represent your interests in court, and negotiate with the opposing party. Losing your firearm rights is a serious matter — make sure you have skilled legal counsel on your side. Don’t face it alone.
What is the process like?
Someone (usually law enforcement) would file a petitioner with the court for an ex-parte or a temporary emergency GVRO. This means that the person petitioning has reasonable cause to believe that (1) there is an immediate and present danger that the restrained party will him themselves or others with a firearm, and (2) that a temporary order is necessary to prevent injury necause less restrictive alternatives have been ineffective or are inadequate/inappropriate. A hearing date is set and the restrained party must be served with notice of the hearing. At the hearing, the Court will hear from both the Petitioning party and the Restrained party and make a determination as to whether the Petitioning party has met its burden and if a permanent order should be in place.
The Standard of Proof
In order for a Judge to grant a permanent gun violence restraining order against a restrained party, the court must find by “clear and convincing evidence” that (1) the restrained party poses significant danger in the near future of hurting self or others with a firearm and (2) that a GVRO is necessary to prevent personal injury because less restrictive alternatives are ineffective or are inadequate / inappropriate. Generally, the duration of a GVRO is for 1 year.
Why it is crucial to hire the right attorney?
Selecting the right lawyer for your restraining order case can make all the difference. These cases require not only legal knowledge but also the skill to present your side convincingly in court. Although you have the right to represent yourself, navigating the legal system and presenting your case effectively can be challenging and overwhelming – and may place your case at a disadvantage, especially if you are unfamiliar with the law or courtroom procedure.
Our experienced attorneys understand the nuances of restraining order cases and will fight to protect your rights and ensure your side is heard.
Our experienced attorneys understand the nuances of restraining order cases and will fight to protect your rights and ensure your side is heard.
Protect Your Rights Today
Your rights to possess firearms are important. Call our attorney to help you protect your rights.