Orange County Gun Violence Restraining Order Attorney
Were you unfairly served with a gun violence restraining order (GVRO) in Orange County? Hiring an experienced Orange County gun violence restraining order attorney may be one of the most important decisions you make. Contact us today to speak with an experienced lawyer about your rights, and the process, and let us help you navigate through this unfamiliar situation.
Table of Contents
Overview of a GVRO in California
A Gun Violence Restraining Order is a court order that prohibits an individual from possessing, purchasing, or receiving firearms and ammunition.[1] A judge can issue this order based on credible evidence presented by concerned parties, law enforcement, or family members indicating that the individual poses a significant risk of harm.
Duration
A Gun Violence Restraining Order (GVRO) usually spans an initial period of 21 days. Yet, if the case undergoes continuation due to pretrial factors, the Temporary Restraining Order (TRO) gets renewed during each hearing. Should the Court ultimately grant a GVRO, the respondent might be restricted from owning or having firearms or ammunition for a maximum of 5 years.
Initiation
A GVRO can be requested by law enforcement officers, family members, employers, dating partner, or household members concerned about an individual’s behavior. They must provide evidence to support their claim that the individual poses a substantial risk of danger.
Court Process
After the initial TRO is issued, a court hearing is scheduled within 21 days. At this hearing, evidence is presented, and the judge decides whether to extend the GVRO for up to five years. The individual subject to the GVRO has the opportunity to contest or challenge the order during this hearing.
Restrictions
The GVRO prohibits the individual from purchasing, possessing, or receiving firearms and ammunition for the duration of the order. It may also require the individual to surrender any firearms they currently possess.
What Needs to be Proven at a GVRO Hearing?
To succeed on a GVRO petition, the petitioner must prove the following:
- The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition;
- An order is necessary because less restrictive alternatives have been ineffective, or have been determined to be inadequate or inappropriate.[2]
Additional Grounds the Court Considers:
- A recent threat of violence or act of violence by the respondent to another or themselves.
- A violation of an emergency protective order.
- A recent violation of an unexpired protective order.
- A conviction for any offense listed in Code, § 29805.
- A pattern of violent acts or threats to themselves or another within the last 12 months.
- Whether the respondent has any felony arrests;
- Evidence of controlled substance or alcohol abuse;
- Acquisition of body armor or recent deadly weapons and ammunition.
Our Role in GVRO Cases
Navigating the legal process of obtaining or challenging a GVRO requires a nuanced understanding of the law and the ability to represent clients effectively in court. An Orange County Gun Violence Restraining Order Attorney plays a pivotal role in several aspects:
- Legal Counsel and Guidance: Attorneys specializing in GVROs provide crucial guidance to clients, explaining their rights and obligations under the law. They assist in preparing and filing the necessary paperwork and help individuals understand the legal procedures involved.
- Representation in Court: Our office will represent you during hearings. We can present evidence and arguments to the court, advocating for your interests and ensuring a fair legal process.
- Challenging or Defending GVROs: We can challenge the evidence presented or demonstrate why the order is unnecessary or unjustified.
- Navigating Complexity: GVRO cases can be legally intricate, requiring an attorney who is well-versed in the nuances of the law and has experience in dealing with these specific types of cases. We navigate the complexities of the legal system to achieve the best possible outcome for our clients.
Appealing an Adverse Ruling on a GVRO
Appealing an adverse ruling on a GVRO case carries important deadlines that must be strictly adhered to. Indeed, a notice of appeal must be filed in the trial court within 60 days from the order after the hearing. The case will then be elevated to the Court of Appeal for the Fourth District. If you had a GVRO ordered against you, contact us today to discuss your appellate right
Contact an Experienced Orange County Gun Violence Restraining Order Attorney
The implications of a GVRO can be significant, impacting an individual’s Second Amendment rights and personal freedoms. Therefore, having legal representation is crucial to ensure fair treatment and protection of rights throughout the legal proceedings. An attorney specializing in GVRO matters can provide the necessary expertise and support to navigate this intricate legal terrain.
In Orange County, where laws and procedures may vary, having a knowledgeable attorney familiar with local regulations and court proceedings can make a substantial difference in the outcome of a GVRO case. Contact the Law Offices of John D. Rogers today to speak with an experienced Orange County GVRO Attorney.
Footnotes:
[1] A GVRO is defined under Pen. Code, § 18100(a): “A gun violence restraining order is an order, in writing, signed by the court, prohibiting and enjoining a named person from having in his or her custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition. This division establishes a civil restraining order process to accomplish that purpose.”
[2] See Pen. Code, § 18150(b).
