Gun Violence Restraining Order – California Penal Code section 18100

Any type of criminal protective order can restrict a person’s rights. A gun violence restraining order, pursuant to California Penal Code section 18100, can be sought when there is reasonable cause to believe that 1) there is immediate and present danger that a restrained party will hurt himself or herself or another person with a firearm, and 2) a temporary restraining order is necessary to prevent personal injury because less restrictive alternatives have been ineffective or are inadequate or inappropriate. California Penal Code section 18125(a).

Law enforcement can seek a gun violence restraining order petition. California Penal Code sections 18125 and 18130. Such a petition must be made orally or by writing. California Penal Code section 1526.

When considering whether to grant a petition for a temporary emergency gun violence restraining order in California, the court will look at whether there is reasonable cause to believe that 1) there is an immediate and present danger that the restrained party will hurt himself or herself or another with a firearm, and 2) a temporary restraining order is necessary to prevent personal injury because les retrusive alternatives have been ineffective or are inadequate or inappropriate. Penal Code section 18125(a).

An ex parte gun violence restraining order can be sought when there is a substantial likelihood that 1) the restrained party poses significant danger in the near future of hurting himself or herself or others with a firearm, and 2) an ex parte restraining order is necessary to prevent personal injury because less restrictive alternatives are ineffective or inadequate or inappropriate.

When considering whether to grant a petition for a gun violence restraining order, the Court will consider the following information:

1. Any recent threats of violence towards another, California Penal Code sections 18155(b)(1)(a) and (b).
2. Violation(s) of emergency protective orders issued under Family Code, or a violation of any civil harassment, domestic violence, or other type of restraining order.
3. Any conviction under California Penal Code section 29805.
4. A pattern of violent acts or threats in the last year to oneself or others.
5. Other evidence of increased risk of violence.

The purpose of a gun violence restraining order is to prohibit and enjoin persons from having custody and control of, owning, purchasing, possessing, or receiving any firearms or ammunition. The granting of such an order will require the respondent to immediately surrender their firearms and ammunition.

Any restraining order matter, including a gun violence restraining order, domestic violence restraining order, or any other type of restraining order, is serious and could result in serious consequences. If you or a family member has been served with a restraining order, including a gun violence restraining order, in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been served with such restraining orders and are facing the prospect of losing their gun rights.

For more information about all types of restraining order matter, including gun violence restraining orders, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.