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Gun Violence Restraining Orders – Keeping Firearms From Dangerous People.

Posted by Adrian S. Doty, Esq. | Jul 23, 2019 | 0 Comments


In addition to Civil Harassment Restraining Orders (“CHRO”) and Domestic Violence Restraining Orders (“DVRO”), since 2016 California has a third type of protective order, the Gun Violence Restraining Order (“GVRO”). While Civil Harassment Restraining Orders governed. by the California Code of Civil Procedure, and Domestic Violence. Restraining Orders governed by the Domestic Violence Prevention Act. Gun Violence Restraining Orders governed by Section 18150 of the Penal Code. Places of employment and other locations. The GVRO only addresses a party's right to own or have firearms or ammunition.

who can apply for a GVRO

Besides to being a limited type of restraining order. There is a limited class of people who can apply for a GVRO. stepchildren, in-laws, who can then in turn apply. As of 2019 the City Attorney of San Diego had obtained over one hundred Gun Violence Restraining Orders. one of the highest levels in the state of California and removed . over two hundred and sixty-nine guns from such individuals.

Types of restraining orders

Like the other types of restraining orders. An applicant for a GVRO must prove that the restrained party poses a significant risk. Either to themselves, or third parties. While the law enacted to remove firearms from unstable individuals. It is worth noting that this type of remedy also exists with other restraining orders. For example, a party that is subjected to domestic violence – be it physical, verbal, or other, and applies for a DVRO through the Court can ensure that the restrained party relinquishes whatever firearms they have access to through the DVRO process.

As always when discussing domestic violence or potential gun violence

If you feel that a party who has access to or has firearms is a threat to their person or others. One should also contact the appropriate authorities. Given the nature of the relief requested, Gun Violence. Restraining Orders serious business and a serious matter . That one needs to prepared to get the relief that they want.

If you have questions about them or other restraining orders, don't just trust what advice you receive from family and friends, or the internet,Contact our office today with any GVRO questions you may have to protect your safety.

About the Author

Adrian S. Doty, Esq.

Adrian Doty is a Senior Associate Attorney at Sunnen Law. Mr. Doty began his legal career working as a civil litigation attorney in Los Angeles before moving to the Bay Area in 2014 where he gained complex civil and family law litigation experience working for one of the largest family law firms.He has experience with a variety of complex Family Law matters, including complex and high-net-worth case matters custody and visitation disputes, contempt and post-judgment enforcement, military-family law issues, and domestic violence restraining orders. Mr. Doty understands how emotionally difficult family law matters can be, which is why he is dedicated to the efficient management of his client's cases. While he always works to achieve settlements through negotiation when possible, he aggressively litigates to protect his clients' interests when necessary. 

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