5 Important Things to Know About GVRO Hearings in California
If you’ve been served with a California Gun Violence Restraining Order (GVRO), it’s essential to grasp several crucial aspects. This article will address five key points about GVRO hearings.
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The Petitioner Must Prove Their Case with Clear and Convincing Evidence
A GVRO requires the petitioner to prove with clear and convincing evidence each of the required elements to prevail on a GVRO petition. Clear and convincing evidence requires a finding of high probability.[1] Under this standard, the evidence must be so clear as to leave no substantial doubt as sufficiently strong to command the unhesitating assent of evidence reasonable mind.[2]
Hearsay Evidence is Admissible at GVRO Hearings
The Court of Appeal in San Diego Police Dept. v. Geoffrey S., confirmed that both the petitioner and respondent may admit hearsay evidence in their respective cases. This means the petitioner may file declarations, police reports, and testimony of what individuals heard others say. Moreover, the GVRO statute states that the court “shall consider evidence.” The Court construed this language to include hearsay evidence.
A Police Officer Can File a GVRO Against Someone
The statute authorizes a “police officer” to file a GVRO against an individual. Ordinarily, a single officer will be named as the filing party, but be represented by either the local City attorney’s office or a private law firm that represents the City where the officer is employed.
Adverse Rulings of a GVRO are Appealable or Can be Reconsidered
Receiving an adverse ruling on a GVRO hearing is appealable. A GVRO is an “unlimited civil” case which triggers the 60-day notice of appeal deadline. This means the losing party must file a notice of appeal within 60 days from the order after the hearing. Should the respondent request that the court reconsider its order, or request early termination of the GVRO, the respondent may file a request and must show a compelling reason.
A GVRO Can Last Up to 5 Years
If the Court grants the GVRO petition, then the respondent could face a GVRO for up to five years. The prevailing party may also file a request to extend the order beyond five years.
Contact an Experienced GVRO Attorney
If you were served with a GVRO and are seeking legal representation then call us today. Contact the Law Offices of John D. Rogers today to schedule a consultation with an experienced Orange County GVRO attorney.
This article does not constitute legal advice nor does it establish an attorney-client relationship.
[1] See In re Angelia P., (1981) 28 Cal.3d 908, 919.
[2] Ibid.
