Orange County GVRO Appeals Attorney

December 15, 2023

The Second Amendment of the United States Constitution secures citizens’ rights to bear arms, yet it allows for exceptions, such as the implementation of a Gun Violence Restraining Order (GVRO). In California, receiving a GVRO entails surrendering firearms and ammunition to law enforcement or a licensed gun dealer until the conclusion of the GVRO hearing. Should a GVRO be approved, it can result in a prohibition on possessing firearms or ammunition for a period of up to five years.

If you suffered an adverse ruling at a GVRO hearing, then contact the Law Offices of John D. Rogers today to schedule a consultation with an experienced Orange County GVRO appeals attorney. The appellate process is a tedious and complex process that carries strict filing deadlines. Failing to meet a strict deadline could forfeit your ability to seek appellate review.

Overview of the GVRO Appellate Process

Initial Process

At the end of a GVRO hearing, the court will issue an order after the hearing. From that point, a notice of appeal must be filed within 60 days from the date of the order, with an appellate fee of $775. Additionally, a designation of record on appeal must be filed in the trial court. Lastly, a civil statement of information must be filed in the court of appeal. All GVRO appeals in Orange County Superior Court are filed and heard in the Fourth District Court of Appeal.

Briefing the Issues on Appeal

The appellant is scheduled to submit an opening brief, a document comprising legal citations, arguments, and references from the trial transcript. This demanding process consumes a significant portion of time for an appellate lawyer, underscoring the necessity of presenting the most robust arguments favoring the appellant to secure a favorable ruling in the court of appeal.

Following this, the respondent will submit an opening brief, aiming to challenge the points raised by the appellant. Failure to contest an issue raised by the appellant might suggest the respondent’s agreement with the appellant’s position.

Upon the respondent’s submission of an opening brief, the appellant gains the opportunity to counter with a reply brief.

Oral Arguments

Once the case is completely briefed, the Court of Appeal will schedule oral arguments. This session grants both parties the chance to present and argue their respective positions before the court.

Court of Appeal Opinion

Following the presentation of briefs and arguments by the involved parties, the Court of Appeal will compose an opinion. The timeline for the Court of Appeal to deliver a ruling is not fixed. Hence, a decision might be reached within weeks or up to a year after the parties submit their briefs. Upon the issuance of its opinion by the Court of Appeal, the party on the losing side retains the option to file a petition for review in the California Supreme Court.

How Long is the Appellate Process?

The duration to fully appeal an adverse ruling on a GVRO can vary significantly based on several factors. This process can take several months to over a year, depending on the complexity of the case, court schedules, and specific circumstances involved. Engaging in the appeals process requires patience as it progresses through various stages before reaching a final resolution.

Contact an Experienced Orange County GVRO Appeals Attorney

To effectively appeal a GVRO, it is important to have an understanding of the process and various rules that apply. Retaining an experienced Orange County GVRO appeals attorney who knows the specific laws and procedures is paramount. Contact us today for a consultation. We can evaluate your case, identify any potential errors or issues, and provide you with guidance and legal representation throughout the appellate process.

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