Were You Served with a GVRO in Orange County?
Were you served with a gun violence restraining order in Orange County? Contact us today to schedule a consultation with an experienced Orange County GVRO attorney. We understand the intricacies of the law, legal procedure, and what evidence is required to contest against a GVRO. We advocate on your behalf and ensure that proper procedures are followed, preventing any potential violation of your rights.
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What is a Gun Violence Restraining Order?
A California GVRO is a legal mechanism designed to temporarily restrict an individual’s access to firearms if they are deemed to pose a significant risk of harming themselves or others. The formal order is issued after a hearing where the petitioner provides evidence demonstrating that the respondent’s firearms ownership could pose a significant danger to the community. During the pendency of an official hearing, a temporary restraining order (TRO) is typically enforced. This TRO prohibits the possession of firearms or ammunition until the resolution of the GVRO petition.
Who Filed a GVRO Against Me?
Any of the following individuals may file a petition enjoying your from having in your custody or control, owning, purchasing, possessing, or receiving a firearm of ammunition:
- Immediate family member;
- The employer to the respondent;
- A coworker of the respondent if the coworker had regular and substantial interaction with the respondent for at least 1 year and has obtained approval from the employer;
- An employee or teacher of a school that the respondent attended in the last 6 months and the employee or teacher has obtained prior approval from the school administration staff;
- A law enforcement officer;
- Roommate;
- Dating partner;
- An individual who has a child in common.[1]
Can I Still Keep My Firearms with a GVRO Pending?
The TRO explicitly mandates the surrender of firearms and ammunition to either local law enforcement or a licensed gun dealer for the duration of its enforcement. Failure to comply with this directive could lead to serious consequences for the respondent, potentially resulting in criminal charges or being held in contempt of court for non-compliance with the order.
What Does the Petitioner Need to Prove?
To prevail, the petitioner must prove the following:
- Respondent poses a significant danger, in the near future, of causing personal injury to the petitioner or another;
- The GVRO is necessary to prevent personal injury to the petitioner or another because less restrictive alternatives have either been tried and found to be ineffective, or inadequate or inappropriate under the circumstances.[2]
Defending Against a GVRO
- There is insufficient evidence that the respondent poses a significant danger or that any alleged danger is speculative.
- A GVRO is unnecessary to prevent the personal injury of another.
- The respondent holds good moral and law-abiding character.
Right to Appeal a GVRO
An adverse ruling on a GVRO is an appealable issue. The losing party must file a notice of appeal within 60 days of the final court order. The losing party must present arguments supported by legal authority at the Court of Appeal. If you’re seeking to appeal an adverse ruling in a GVRO case, then contact the Law Offices of John D. Rogers.
Contact an Experienced GVRO Attorney in Orange County
Contact us to schedule a consultation with an experienced Orange County GVRO attorney. GVRO cases are complex and require attention to detail. Give us a call today.
LEGAL FOOTNOTES
[1] See Penal Code 18150(a).
[2] See Penal Code 18150(b).
