Who can file for a gun violence restraining order?
You can file for an ex parte temporary gun violence restraining order and a gun violence order issued after notice and a hearing if the respondent poses a significant danger of causing personal injury to himself/herself or another person by having in his/her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. To file for either of these gun violence restraining orders, you must be:
- the respondent’s:
- immediate family member, which the law defines as:
- spouse, including a common law spouse if established in a state that recognizes common law marriage;
- domestic partner;
- parent;
- child;
- anyone related by blood (consanguinity) or marriage (affinity) within the second degree; and
- anyone related by blood (consanguinity) or marriage (affinity) within the fourth degree and who has had substantial and regular interactions with the respondent for at least one year;
- employer;
- co-worker;
- roommate who currently lives with the respondent;
- ex-roommate who lived with the respondent within the prior six months and who has had substantial and regular interactions with the respondent for at least one year;
- dating partner;
- immediate family member, which the law defines as:
- someone who has a child in common with the respondent and who has had substantial and regular interactions with the respondent for at least one year;
- an employee or teacher at the respondent’s secondary or post-secondary school; or
- a law enforcement officer.1
Only a law enforcement officer may file for a temporary emergency ex parte gun violence restraining order when the courts are closed.2
1 Cal. Penal Code §§ 18150(a)(1), (a)(3), (a)(4); 18170(a)(1)
2 Cal. Penal Code § 18125