Temporary Gun Violence Restraining Orders (21 days):

If someone you know is experiencing a crisis and is in danger of harming themselves or others, a Temporary EPO (Emergency Protective Order) may be necessary.  You should strongly consider calling the San Jose Police Department to assess the situation.  Temporary orders can be issued for 21 days. 

If you are in immediate danger, please contact local law enforcement or dial 911.

Your employer can also apply for a Work Violence Restraining Order.  If you have any questions about these, you can contact the San Jose City Attorney’s Office at (408) 535-1900 but it is your employer’s responsibility to apply for the Work Violence Restraining Order. 

How to obtain temporary GVRO:

• Read this document to decide if a GVRO is right for your situation: GV-100-INFO.
• Obtain and fill out forms GV-110, GV-109, CLETS-001, and GV-100 (also used for the final GVRO). Forms may be obtained online here or you may visit your local Superior or Civil courthouse to get assistance obtaining the correct forms.
• A Superior Court may issue a temporary GVRO, when there is a “substantial likelihood” that the person to be restrained “poses a significant danger in the near future of causing personal injury” to self or others by having access to a firearm and when the removal of firearms is necessary to prevent injury; and because less restrictive alternatives have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances.
  • Petitioning does not require a criminal complaint and does not prevent you from seeking any other available legal remedy.
• If a temporary GVRO is issued by the court, the respondent must be “served” in person with a copy of the temporary order (Form GV-110) and notice of the hearing.
• State law allows for a county sheriff or marshal to serve the restrained person with the order and remove all of the respondent’s firearms, ammunition, and magazines, at no cost to you. (See SB-1200 for more info.) After the order is served, the officer must fill out a Proof of Personal Service (Form GV-200) and give it back to you.
  • Serving a Gun Violence Restraining Order can be very dangerous. If an order has been issued, the Judicial Council of California recommends a law enforcement officer serve the order. The Judicial Council of California also recommends that you never ask a friend or family member, or private process server to serve a GVRO, or serve the order yourself.

Once issued, the temporary Gun Violence Restraining Order will be in effect for no more than 21 days.  The Santa Clara County Superior Court will schedule a subsequent hearing to determine if a permanent order should be granted.  The served subject (respondent) can also stipulate or not contest the order.

Final Gun Violence Restraining Orders (1-5 Years):

Final Gun Violence Restraining Orders (GVROs) issued for one to five-year periods are available to law enforcement or family members, household members, employers, some co-workers, certain teachers/school employees.

Employers can petition for a GVRO concerning an employee and can petition for a GVRO on the behalf of any employee against a co-worker. Employees themselves can petition for a GVRO if they have had substantial and regular interactions with the co-worker for at least one year.

If someone you know has firearms in his or her possession and is behaving in an unsafe manner with those firearms by acting violently, making threats, or has otherwise shown that his or her gun use is unsafe, you should consider obtaining a final GVRO. 

How to obtain a final GVRO:

• Obtain and fill out forms GV-100, GV-109, CLETS-001, and GV-110
  • Note: You do not need to petition for a temporary GVRO to obtain a final GVRO.
  • You will need to attend the hearing and inform the judge or commissioner the reason why a GVRO should be issued.
  • The subject (respondent) will need to be legally served.
• The hearing will be scheduled by the court. A final GVRO may be issued by a Superior Court after a hearing if your petition shows:
  • “clear and convincing evidence that the subject poses a significant danger of injury to self or others” by having access to a firearm, and that the removal of firearms is necessary to prevent injury. The respondent of the petition has the opportunity to respond to the order.
• Bring anything to the hearing that may support your effort to obtain the GVRO.  Some of the documents and other evidence that may help your case include:
  • Witnesses or written statements from witnesses
  • Any relevant photos such as injuries or damaged property
  • Medical or police reports
  • Relevant letters, emails, or telephone messages
  • Social media posts, likes, or responses to other posts

• During the hearing, the court will assess the following criteria to determine whether to issue a final GVRO:
  • There has been a recent threat or act of violence directed toward self or others
  • There has been a violation of a domestic violence emergency protective order that is in effect at the time the court is considering the petition
  • There has been a recent violation of an unexpired domestic violence protective order
  • There has been a conviction for any crime that prohibits purchase and possession of firearms under California law
  • There has been a pattern of violence or threatened violence within the prior 12 months directed toward self or others
  • The court may consider other evidence that is indicative of an increased risk for violence, such as the unlawful and reckless use of a firearm

After the hearing:

• If the final GVRO is approved and the restrained party has yet to surrender their firearms, ammunition, and magazines to law enforcement, they must do so right away.
• If the restrained subject does not surrender their firearms, ammunition, or magazines, they are committing a crime and can be arrested for violating the order.
• You may renew a final GVRO within three months of the initial GVRO ending.

Voluntary Relinquishment

• The subject of an order can stipulate (agree) with the order. They can file a form before the court holds a hearing, indicating that they will voluntarily relinquish all their firearms and ammunition within 48 hours and for the duration of the GVRO.