Restraining Orders - Gun Violence
What is a Gun Violence Restraining Order?
The Gun Violence Restraining Order prohibits a person subject to this restraining order from having in his or her custody or control, own or possess, or receive any firearms or ammunition while the order is in effect. The petitioner must convince the Judge that the person to be restrained poses a significant danger in the near future of causing personal injury to himself/herself, or another person by having in his/her custody or control, owning, purchasing, or receiving a firearm. The petitioner also must convince the Judge the restraining order is needed to prevent personal injury to the person to be restrained or to another person because less restrictive alternatives either have been tried and haven’t worked or are inadequate or inappropriate for the current circumstances.
Only an immediate family member or law enforcement officer can make the request to the Court for the issuance of a Gun Violence Restraining Order.
What forms so I need?
To apply for a Gun Violence Restraining Order you will need the following forms to get started:
- Petition for Firearms Restraining Order (GV-100)
- Notice of the Court Hearing (GV-109)
- Temporary Firearms Restraining Order (GV-110)
- Confidential CLETS Information (CLETS-001)
After I completed the forms, what do I do?
Make three copies of the completed Petition for Firearms Restraining Order (GV-100). Staple the original (and copies), then take the completed Petition for Firearms Restraining Order (GV-100) and two copies, the Confidential CLETS Information (CLETS-001), the Notice of the Court Hearing (GV-109), and the Temporary Firearms Restraining Order (GV-110) to the courthouse for filing.
Where do I file my forms?
Present completed forms and copies to the new filings clerk in Room 103 of the Civic Center Courthouse.
If you will need an interpreter at your Restraining Order Hearing, tell the clerk in Room 103 when you file your restraining order forms so that one may be arranged for you.
There is no filing fee to file a Gun Violence Restraining Order.
Please note: There is a $30 Court Reporter fee that will be due at the time of filing unless you have a granted fee waiver. The Sheriff’s Department will charge a fee to serve the Temporary Restraining Order for those who are not granted a fee waiver.
If you file your petition before 10 a.m., you may pick up your restraining order the same day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103.
If you file your petition after 10 a.m., you may pick up your restraining order the next court day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103.
Please pick up your order promptly to allow enough time to have the defendant(s) served with the Temporary Restraining Order and Notice of Court Hearing.
You can choose one of three ways to serve the defendant:
- You can go through the Sheriff’s Department (located in City Hall, Room 456 on the 4th Floor), or any law enforcement officer.
There is a $30 fee unless you have a granted fee waiver to go through the Sheriff’s Department.
- Any person who is at least 18 years old and is not a party to the action can serve the defendant on your behalf. Make sure the person fills out the Proof or Personal Service (GV-200).
- Hire a process server. You can find one online by searching in a web browser for "process server." Make sure you get the completed Proof of Service form from the process server.
A Proof of Service must be completed and signed by the person who serves the other party. You must file the Proof of Service in Room 103 and bring a copy to your court hearing.
There are two ways you can continue your court date on your Gun Violence case.
If you were not able to serve the defendant, you will need to request the Court to reissue the temporary restraining order. This request is made by completing the Request to Continue Court Hearing for Firearms Restraining Order (GV-115) and the Order for Continuance and Notice of New Hearing (GV-116). The forms must be completed and filed along with a copy of your prior Temporary Firearms Restraining Order (GV-110), a minimum of two days before the date of your scheduled hearing.
You also may orally request a continuance in Court during your hearing. If your request for continuance is granted, the Judge will sign an Order for Continuance and Notice of New Hearing (GV-116) form and set a new hearing date.
Both methods extend your Temporary Restraining Order so you will be protected until the new hearing date.
The ACCESS Center can show you how to fill out the forms you will need, explain the filing process, and help you prepare for Court.