Firearms Emergency Protective Order & Temporary Firearms Restraining Order PDF

CHIEF OF DETECTIVES NOTICE November 18 1.8 TO: All Concerned Personnel FROM: Chief of Detectives SUBJECT: FIREARMS EMERGENCY PROTECTIVE ORDER AND TEMPORARY FIREARMS RESTRAINING ORDER - ESTABLISHED On January 1, 2016, Assembly Bill 1014, Gun Violence Restraining Orders, became law. This bil...

CHIEF OF DETECTIVES NOTICE November 18 1.8 TO: All Concerned Personnel FROM: Chief of Detectives SUBJECT: FIREARMS EMERGENCY PROTECTIVE ORDER AND TEMPORARY FIREARMS RESTRAINING ORDER - ESTABLISHED On January 1, 2016, Assembly Bill 1014, Gun Violence Restraining Orders, became law. This bill amendedCaliforniaPenal Code (PC) Sections 1524, 18100et seq., and addedSection 1542.5 The Judicial Council of California created the Firearms Emergency Protective Order (Firearms EPO) and the Temporary Firearms Restraining Order (Temporary Firearms RO) in orderto comply with this newlaw. A gun violence restraining order is a court order prohibiting a named person from owning, purchasing, possessing, receiving, or otherwise having under his/her custody or control any firearms or ammunitions. A Firearms EPO and Temporary Firearms RO may be used for persons who pose a significant danger to self or others by owning, purchasing, possessing, receiving, or otherwise having under their custody or control any firearms or ammunitions. This type of order may be used when less restrictive alternatives either have been tried, found to be ineffective, or have been determined to be inadequateor inappropriatefor the circumstances. The Firearms EPO is only available to a law enforcement officer and may be granted if the officer asserts and a judicial officer finds that the person to be restrained poses an immediate threat. The Firearms EPO is modeled after the current Emergency Protective Order (EPO) availableto officers duringdomestic violence incidents. The Temporary Firearms RO is available to an immediate family member or a law enforcement officer who may file a petition requesting that the court issue a gun violence restraining order if there is a substantial likelihood that the person to be restrained poses a significant danger in the near future. Effective immediately, all Area Commanding Officers shall ensure that their personnel title and code gun violence restrainingorder reports in the followingmanner: . Violation of Firearms EPO - Crime Class Code 904 . Violation of Temporary Firearms RO - Crime Class Code 905 . Violation of Firearms RO - Crime Class Code 906 2016 All Concerned Personnel Page 2 1.8 In orderto accomplishthis, Crime Class Codes 904 (Violationofa Firearms EPO), 905 CViolation of Temporary Fireanns RO) and 906 (Violation of Firearms RO) have been added to the Consolidated Criminal Analysis Database (CCAD). This Notice establishes procedures and guidelines for investigations involving gun violence restraining orders. PROCEDURES: I. OFFICER'SRESPONSIBILITIES.Officersin the field or at the Area deskmay advisepersons ofthe availabilityofthe Firearms EPOandthe Temporary Firearms RO. If an officer determines the circumstances of the incident meet the Firearms EPO criteria noted above, the officer shall: Request a supervisor to assess the incident immediately upon scene stability; . Contact the Mental Evaluation Unit fMEU) immediately upon scene stability at C213) 996-1300; . Maketelephonic contact with a Los Angeles County Commissionerat (213)974-1234; . Complete the Firearms Emergency Protective Order (JudicialCouncil Form EPO-002),if reasonablecause is foundby thejudicial officer; Serve the personto berestrainedif he or she canbe reasonablylocated; Seizeany firearms registered or belongingto the personto be restrained or belongingto anotherhouseholdmember sharingresidencywiththe personto be restrained and ammunitions in plain sightor discoveredpursuantto a consensual or lawful search (obtain a search warrant when necessary) when present at the scene; Note: The Affidavit for Search Warrant (exemplar) is immediately available in LAPDE-Forms on the Department's LocalAreaNetwork. A copy ofthe form has been attachedfor immediateuse and duplication. . Issue a Receiptfor Property Taken into Custody, Fonn 10. 10.00; . Complete the Property Report, Form 10.01.00; Complete the Firearms Supplemental Property Report, Form 10.01.01 (10. 01. 02 for continuation sheet); Attach the Automated Firearm System (AFS) printout to the appropriatereport; All Concerned Personnel Page 3 1.8 . Make the Vehicle Warrant Section (VWS) notification; and, Book any firearms and ammunition taken into custody. Note: A Firearms EPO expires 21 days from the date ofissyance. The Firearms EPO is intended to be a tool for officers to use during emergency situations when there is a perceived needto remove firearms from anyindividual whoposes an immediate and present danger. Note: Officers shall continueto seize firearms at domestic violence incidents pursuant to PC Section 18250, at mental health incidents pursuant to Welfare and Institutions Code (WIC) Section 8102, and shall complete a Receipt andNotice of Rights for Confiscated Firearms/Other Deadly Weapons, Form 10. 10. 05. Additionally, for situationsthat do not meet the 5150 WIC"Hold" wherethe personwas exhibitingunstable behavior, officers should considerobtaining a Firearms EPO as indicated above. Whena location to be searched isjointly occupied by the restrained person and one or more otherpersons, the officer shall not seizeanyfirearms or ammunitions (owned by a person otherthanthe restrained person) that areinthe restrained person's custody or control or possession, if both of the following conditions are satisfied: 1. Thefirearm or ammunition is removed from the restrained person's custody or control or possession and stored in a manner that the restrained person does not have access to or control ofthe firearm or ammunition; and, 2. There is no evidence ofunlawful possession ofthe firearm or ammunition bythe owner of the firearm or ammunition. Whether or not a Firearms EPO was sought, officers or a family member as defined in PC Section 422. 4(b)(3), may file a Petitionfor Firearms Restraining Order (Judicial Council Form GV-100), during normal court hours, with the Superior Court requesting the court issue a Temporary Firearms Restraining Order (Judicial Council Form GV-110) if there is a substantial likelihood that the person to be restrained poses a significant danger in the near future. Note: The Firearms EPO in triplicate form is available for ordering at the Distribution Center, Department ofGeneral Services. Additional JudicialCouncil forms have been attached for reference and may be obtained at the Superior Court or on the Internet at www. courts. ca. eov All Concerned Personnel Page 4 1.8 If officers in the field or at the Area desk are in possession of a valid Firearms EPO or Temporary Firearms RO, they shall follow existing procedures in accordance with Department Manual Section 4/216. 03 and the procedures set forth in Section I ofthis Notice regardingthe service and seizureoffirearms. Reminder: Officers will be serving a Firearms EPOor Temporary Firearms RO on individuals whose behavior did not rise to the level of a criminal offense or deemed a dangerto selfor danger to others. However, strategies andtactics employed during the service of the Order depend upon the situation. The immediate situation surrounding the service ofthe Order, ofcourse, depends on the actions ofthe suspect. Prior to serving the Order, officers should consider using resources such as family members and neighbors for intelligence on the subject. Officers shall maintain separation ofthe subject from any weapons and request additional unit(s) when necessary. II. SUPERVISOR'S RESPONSIBILITIES. Supervisors shall ensure the circumstances of the incident meet the Firearms EPO criteria. III. WATCH COMMANDER'S RESPONSIBILTIES. Ifthe incident did not require a crime report and/or arrest report, the watch commander shall ensure the Property Report andrelated documents are forwarded to the Area Detective Commanding Officer or designee, who will designate a coordinator. IV. DETECTIVE'S RESPONSIBILITIES. The detective shall ensure the firearms or ammunitions are retained for the duration ofthe most current Firearms EPO or Temporary Firearms RO. When the order expires, terminates, or dissolves, the firearms and ammunitions shall be returned to the restrained person. (Note: A Law Enforcement Gun Release-Firearm(s) Eligibility Clearancemust be obtainedvia the California Department of Justice, Bureau of Firearms, prior to release.) Note: Detectives may file a Firearms Restraining Order After Hearing (Judicial Council Form GV-130)petition in an effort to extendthe restrictions of a pre-existing gun violence restraining order. Extensions may be granted up to one year. V. AREA/SPECIALIZEDDETECTIVECOMMANDINGOFFICER'S RESPONSIBILITIES. Area/Specialized Detective Commanding Officers shall be responsible for ensuring detective's responsibilities within their command, pursuant to this Notice, are fulfilled. All Concerned Personnel Page 5 1.8 VI. COMMANDING OFFICER'S RESPONSIBILITIES. Area Commanding Officers shall be responsible for compliance with this Notice. Shouldyouhaveanyquestionsregardingthismatter, pleasecontactInvestigative Analysis Section, Detective Bureau, at (213) 486-7010. APPROVED- %i<s»7 ^LAKE,\Deputy Chief Chiefof Detectives SEAN W. MALINOWSKI, Commander Chiefof Staff Office ofthe ChiefofPolice Attachments DISTRIBUTION "D" EPO-002 FIREARMS EMERGENCYPROTECTIVEORDER LAWENFORCEMENTCASE NUMBER: 1. RESTRAINED PERSON (insert name of subject): Sex: QM QF Race: Ht. :_Wt. :_Haircolor:_Eye color: Age: Date of birth: 2. TO THE RESTRAINED PERSON (Also see important Warnings and Information on Page 2): YOU MUST NOT own, possess, purchase, receive, or attempt to purchase or receive any firearm or ammunition. If you have any firearms or ammunition, you MUST IMMEDIATELYSURRENDERTHEM IN A SAFE MANNERTO LAWENFORCEMENTON REQUEST. If no request has been made, you must surrender all firearms and ammunition in a safe mannerto your local law enforcement agencyor sell them to or store them with a licensed gun dealerwithin 24 hours of being served with this order. You must then file a receipt proving surrender, sale, or storage with the Court listed below within 48 hours, or if the court is closed, then on the next business day after the firearms are surrendered or sold. FAILURE TO TIMELY FILE THIS RECEIPT IS A VIOLATIONOF THIS ORDER . (Name and address of court): TIME 3. THIS ORDER WILLEXPIREON: INSERT DATE OF 21st CALENDAR DAY DO NOT COUNT DAY THE ORDER IS GRANTED 4. Reasonable grounds for the issuance of this Order exist, and a Firearms Emergency Protective Order(1) is necessary because the Restrained Person poses an immediate danger of causing personal injury to himself or herself or to another by having custody or control, owning, purchasing, possessing, or receiving a firearm; and (2) less restrictive alternatives were ineffective or have been determined to be inadequate or inappropriate under the circumstances. 5. To the Restrained Person: This order will last until the expiration date and time noted above. You are required to surrender all firearms and ammunition that you own or possess in accordance with section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. However a more permanent gun violence restraining order may be obtained from the court. You may seek advice of an attorney as to any matter connected with the order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order. Judicial officer (name): at (time): granted this Order on (date): APPLICATION 6. Officer has a reasonable cause to believe that the grounds set forth in Item 4, above, exist, (state supporting facts and dates; specify weapons- number, type and location): 7. Q Firearms were: Q observed Q reported Q searched for Q seized I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. By: (SIGNATURE OF LAW ENFORCEMENT OFFICER) (PRINTNAME OF LAW ENFORCEMENTOFFICER) Telephone No. : Agency: Badge No.: PROOF OF SERVICE 8. Person served (name): 9. I personally delivered copies of this Order to the person served as follows: Date: Time: Address: 10. At the time of service, I was at least 18 years of age. Q I am a California law enforcement officer. 11.My name, address, and telephone number are (this does not have to be server's home telephone number or address): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: (TYPE OR PRINT NAME OF SERVER) (SIGNATUREOF SERVER) rfsra9°v Firearms Emergency Protective Order (CLETS-EGV) JMT'aJ^nf?n^''!Zt^clu aw January 1, 2016, Mandatory horm PenalCode, § 18125et seq. ONE COpy to court, ONE copy to restrained person, ONE copy to issuing agency Page 1 of 2 -> FIREARMSEMERGENCYPROTECTIVEORDER EPO-002 WARNINGS AND INFORMATION TO THE RESTRAINED PERSON: You are prohibited from owning, possessing, purchasing, receiving, or attempting to purchase or receive a firearm or ammunition. (Pen. Code, § 18125 et seq. ) A violation of this Order is a misdemeanor punishable by a $1,000 fine or imprisonment for six months or both. (Pen. Code, §§ 19, 18205.) Within 24 hours of receipt of this order, you must turn in your firearms to a law enforcement agency or sell them to or store them with a licensed firearms dealer until the expiration of this order. (Pen. Code, § 18125 et seq. ) A receipt proving surrender, sale, or storage must be filed with the court within 48 hours of receipt of this order, or on the next court business day if the 48 hour period ends on a day when the court is closed. You must also file the receipt with the law enforcement agency that served you with this Order. You may use Form GV-800, Proof of Firearms Turned In, Sold, or Stored for this purpose. This Firearms Emergency Protective Order is effective when made. It will last until the date and time in item 3 on the front. A law enforcement officer or agency or a family member may seek a more permanent restraining order from the court. However, you can seek to terminate this order or any more permanent order before expiration by filing a request with the court listed on the front. If you violate this order, you will also be prohibited from having in your custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for an additional fiveyear period, to begin on the expiration of the more permanent gun violence restraining order. (Pen. Code,§ 18205.) This protective order must be enforced by all law enforcement officers in the State of California who are aware of it or shown a copy of it. The terms and conditions of this order remain enforceable regardless of the acts or any agreement of the parties; it may be changed only by order of the court. A la persona restringida: Tiene prohibido ser dueno de un arma de fuego, poseer, comprar o tratar de comprar, recibir o tratar de recibir u obtener un arma de alguna otra manera. (Codigo Penal, §§ 18125 y siguientes). Una violacion de esta orden esta sujeta a una multa de $1000y encarcelamiento de seis meses o ambos. (Codigo Penal, §§ 19 y 18205.) Dentro de las 24 horas de recibir esta orden, tiene que entregar sus armas de fuego a una agencia del orden publico o venderlas a o guardarlas con un comerciante de armas autorizado hasta el vencimiento de esta orden. (Codigo Penal, §§ 18125 y siguientes). Dentro de las 48 horas de recibiresta orden, se tiene que presentara la corte una prueba de haberlas entregado, vendido, o guardado. Se puede usar la forma GV-800 por este proposito. Esta orden de proteccion de emergencia de arma de fuego entra en vigencia en el momenta en que se emite. Durara hasta la fecha y hora indicadas en el punto 3 al otro lado. Un agente o agenda del orden publico o un familiarpuede pedir que la corte emita una orden de restriccion mas permanente de la corte. Sin embargo, puede pedir dar fin a esta orden antes de su fecha de vencimiento al presenter una solicitud con la Corte indicada en el punto 3 al otro lado. Si esta en violacion de este orden de restriccion, se Ie prohibira tener en su posesion o control, comprar, poseer o recibir, o intentar comprar o recibir un arma de fuego o municiones par otro periodo de cinco anos mas, a comenzar a partir del vencimiento de la orden de restriccion actual de violencia con armas de fuego. (Codigo Penal, § 18205.) Todo agente del orden publico del estado de California que tenga conocimiento de la orden o a quien se Ie muestre una copia de la misma debera hacer cumplir esta orden de proteccion. Losterminos y condiciones de esta orden se podran hacer cumplir independientemente de las acciones de las partes; solo la corte podra cambiaresta orden. To law enforcement: The Firearms Emergency Protective Order must be served on the restrained person by the officer if the restrained person can reasonably be located. A copy must be filed with the court as soon as practicable after issuance. Also, the officer must have the order entered into the computer databasesystem for protective and restraining orders maintained by the Department of Justice. The provisions in this Temporary Firearms Emergency Protective Order do not affectthose of any other protective or restraining order in effect, including a criminal protective order. The provisions in another existing protective order remain in effect. EPO-002 [New January 1, 2016] FIREARMS EMERGENCY PROTECTIVE ORDER (CLETS-EGV) Page2 of 2 Petition for Firearms Restraining Clerk stamps date here when form is filed. Order Read Can a Firearms Restraining Order Help Me? (Form GV-100-INFO) before completing this form. 1^ Petitioner ® a. Your Full Name: lam: Q A family member of the Respondent Fill in court name and street address: A law enforcement officer employed by (name of law enforcement agency): Superior Court of California, County of b. Your Lawyer(ifyou have onefor this case): State Bar No.: Name: Firm Name: c. Your Address (Ifyoii have a lawyer, give your lawyer's information, If you do not have a lawyer andwant to keepyour home addressprivate, you may give a different mailing address instead. You do not have to give telephone, fax, or e-mail. Law enforcement officer, give agency information.) Court fills in case number when form is filed. Case Number: Address: City: State: Zip: Fax: Telephone: E-Mail Address: 2^) Respondent Age: Full Name: Address (if known): City: State: Zip: 3^) Venue ® Why are you filing in this county? (Check all that apply). a. D The Respondentlives in this county. b. D Other (specify): 4^) Other Court Cases ® a. Are you aware of any other court cases, civil or criminal, involving the Respondent? d Yes D No Ifyes, on the next page, check each kind of case and give as much information asyou know as to where and when each was filed: This is not a Court Order. Judicial Council of California, www.courts. ca.gov New January 1, 2016, Mandatory Form Penal Code, §18100 etseq. Petition for Firearms Restraining Order (Gun Violence Prevention) GV-100, Page 1 of 4 -> Case Number: Filed in (Countv/State) Kind of Case (1) Year Filed Case Number (if known} D Civil Harassment (2) D Domestic Violence (3) D Divorce, Nullify, Legal Separation (4) Q Paternity, Parentage, Child Custody (5) Q Elder or Dependent Adult Abuse (6) D Eviction (7) D Workplace Violence (8) D Criminal (9) D Other (specify): b. Are there now any protective or restraining orders in effect relating to Respondent? Yes D No D I don't know Ifyes, attach a copy ifyou have one. y) Description of Respondent's Firearms Ifyou havereason to believe that the respondentis inpossessionoffirearms, answer (a) or check(b), a. D I am informed, and on that basis believe, that Respondentcurrently possesses or controls the following firearms and ammunition. (Describe the number, types, and locations of any firearms and ammunition that you believe that the Respondent currently possesses or controls): b. I am informed, and on that basisbelieve, that Respondentcurrently possesses or controls firearms and ammunition, but I have no further specific information as to the number, types, and locations of those firearms and and ammunition. ^) Grounds for Issuance of a Firearms Restraining Order I have reasonable cause to believe both of the following are true: a. The Respondent poses a significant danger in the near future of causing personal injury to himself, herself, or anotherperson by having in his or her custody or control, owning,purchasing,possessing, or receiving a firearm. This is not a Court Order. NewJanuary 1, 2016 Petition for Firearms Restraining Order (Gun Violence Prevention) GV-100, Page 2 of 4 -> Case Number: b. A firearms restraining order is necessary to prevent personal injury to Respondent or to another person because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the current circumstances, c. The facts supporting the above statements are set forth: D Below On the attached Form MC-031, Attached Declaration "7^ Request for Firearms and Ammunition ® Restraining Order I requestthatthe court issuean orderprohibitingRespondentfrom havingin his or hercustodyor control, owning, purchasing,possessingor receiving, or attemptingto purchaseorreceive, a firearm or ammunition. I further requestthat Respondentbe orderedto immediately surrenderall firearms andammunitioncurrently in his or her possession to a law enforcement officer or to sell the firearms and ammunition to or store them with a licensed gun dealer. "8^ Request for Hearing I requestthatthe court set a hearingin this matter for thepurpose ofissuinga firearmsrestrainingorderthatwill last for one year. ^) Request for Immediate Temporary Order Do you wantthe court to make a firearmsrestrainingordernowthatwill last until thehearingwithoutnotice to Respondent? Q Yes Q No (Ifyou answeredyes, explainwhy below): Checkhereif there is not enoughspaceforyour answer. Putyour complete answeron an attachedsheetof paper andwrite "Attachment9-Requestfor ImmediateTemporary Order"for a title. This is not a Court Order. NewJanuary 1, 2016 Petition for Firearms Restraining Order (Gun Violence Prevention) GV-100, Page3of4 -> Case Number: D Request to Give Less Than Five Days' Notice Youmust haveyourpaperspersonally servedon Respondentat leastfive calendar days beforethe hearing, unless the court orders a shorter time for service. (Form GV-200-INFO explains What Is "Proofof Personal Service"? Form GV-200, Proof of Personal Service, may be used to show the court that the papers have been served.) If you want there to be fewer than five days between service and the hearing, explain why below: D Checkhere ifthere is not enoughspacefor your answer. Putyour complete answeron an attachedsheetof paper and write "Attachment 10- Request to Give Less Than Five Days ' Notice"for a title. ^.j^ Number ofpages attached to this form, if any Date: ^ Lawyer'sname (if any) Lawyer's signature I declare under penalty ofperjury under the laws of the State of California that the information above and on all attachments is tme and correct. Date: > Type or print your name Sign your name This is not a"Court Order. New January 1. 2016 Petition for Firearms Restraining Order (Gun Violence Prevention) GV-100, Page4of4 Can a Firearms Restraining Order Help Me? These instructions cannot cover all of the questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see a lawyer or a self-help center. What is a firearms restraining order? Where can I get these forms? It is a court order that prohibits someone from having any guns or ammunition. The person must surrender any guns and ammunition that he or she currently owns. You can get the forms from legal publishers or on the Internet at www.courts. ca.gov. You also may be able to find them at your local courthouse or county law library. Can I get a firearms restraining order against What do I need to do to get the order? someone? You must go to the superior court in the county where the person to be restrained lives. At the court, ask where you should file your request for a firearms restrainingorder. (A self-help center or legal aid association may be able to assistyou in filing your request.) Give your forms to the clerk ofthe court. The clerk will give you a hearingdate on You can ask for one againsta person who is an immediate family member. Immediate family members include (1) your spouse or domestic partner; (2) your parents, children, siblings, grandparents, and grandchildren and their spouses, includingany stepparent or stepgrandparent; (3) your spouse's parents, children (your stepchildren), siblings, grandparents, and grandchildren; and (4) any otherperson who regularly resides in the household, or who, within the last six months, regularly resided in the household. Ifyou do not have the necessaryrelationship, advise a law enforcement officer of the situation. The officer may investigate and file the petition if he or she finds that the grounds exist. Will the order protect me in other ways, such as keeping the person from coming near me? No, the only order the court can make is to force the person to not have firearms and ammunition. If you needpersonal protection from a family member, you should proceed under the Domestic Violence Protection Act. See Form the Notice of Court Hearing form. How soon can I get the order? You can ask for a Temporary Firearms Restraining Order whichwill be effective right awayif granted. The court may decide whether or not to grant the temporary order basedonly on the facts that you have stated in your petition. If so, the court will decidewithin24 hours whetheror not to make the temporary order. Sometimes the court will want to examineyou personally under oath. The clerk will tell you whetheryou should wait to talk to the judge or come back later to find out if the court has signed a temporary order. Order Help Me?, for information on how to proceed. If you don't ask for a temporary restraining order, you will have to waituntil the hearing, at whichthe court will decide whetherto make an order that will last for one year. Will I have to pay a filing fee to request the How will the person to be restrained know order? about the order? Yes, If you cannot afford to pay the filing fee, ask the clerk how to apply for a fee waiver. Form FW-001 is available If the court issues a temporary restraining order, someone age 18 or older-not you-must personally "serve" (give) the person to be restrained a copy ofthe order. The server DV-500-FNFO,Can a Domestic Violence Restraining for this purpose, must then fill out Form GV-200, Proof of Personal What forms do need to get the order? You must fill out all of Form GV-100, Petition for Firearms Restraining Order, and Form CLETS-001, Confidential CLETSInformation. You must also fill out items 1 and 2 on Form GV-109, Notice of Court Hearing, and items 1 and 2 on Form GV-110, Temporary Firearms Restraining Order. Judicial Council of California www.courts. ca.gov NewJanuary 1, 2016, Optional Form Penal Code, § 18100e1seq. Service, and give it to you to file withthe court. Ifthe person to be restrained attends the hearing, no furtherproof of service is required. But if he or she does not attend the hearing, then any order issuedat the hearingmust also be personally served. Forhelp with service, askthe court clerk for Form GV-200-INFO, What Is "Proofof Personal Service?". Can a Firearms Restraining Order Help Me? (Gun Violence Prevention) GV.100-INFO, Page1of3 -> Can a Firearms Restraining Order Help Me? What do I have to prove to get the order? Can I bring someone with me to court? You will have to convince thejudge that the person to be restrainedposes a significantdangerin the nearfuture of causing personal injury to himself, herself, or another person by having in his or her custody or control, owning, purchasing,possessing, or receiving a firearm. Yes. You can bring someone to sit withyou during the hearing,but that person cannot speakfor you in court. Only you or your lawyer (if you have one) can speakfor you. You will also have to convince thejudge that a firearms restraining order is needed to prevent personal injury to the person to be restrained or to another person because less Witnesses are not required, but it helps to have more proof thanjust your word. For example, considerbringing: Do I need to bring a witness to the hearing? restrictive alternatives either have been tried and haven't . Witnesses * Written statements from witnesses made under oath worked, or are inadequate or inappropriate for the current . Photos circumstances. . M'edical or police reports . Damagedproperty How can I convince the judge? . Threatening letters, e-mails, or telephone messages You will need to give thejudge specific information. You should tell thejudge everything that you know about the firearms that the person to be restrained currently owns, including how many the person owns, the types, andwhere they are kept. Then you will need to present facts to show that the person to be restrained is dangerous. This could be information about any threat of violence that the person to be restrained has made, any violent incidentin whichthe person has been involved, or any crime ofviolence the person has committed. It could also be evidence that the person to be restrained has violated a protective order or abuses controlled substances or alcohol. It could also be evidence of the unlawful and reckless use, display, or brandishing of a firearm or the recent acquisitionof a firearm. Or it could be evidence that the person to be restrained has been identifiedby a mental health provider as someone prohibited from purchasing, possessing or controlling any firearms. You should include all of this information in your Petition and also be prepared to present it to thejudge at the The court may or may not let witnesses speak at the hearing. So, if possible, you should bring their written statements under oath to the hearing. (You can use Form MC-030, Declaration, for this purpose.) when foffri is ffN?tf> Notice of Court Hearing :'11 Petitioner l. You Full Name; I urn: b. D A t-amilymcmilwofthc Respondent caponuci law eufbwment otticer eniployeJliy a AllireiltM, (wmw fifSaw enfwcsme. nt i.^encv) . Your I. uwyt ;] «J'you flaw onef'w thi-. Nanii;: Superior Court of California, County of Finn Name: . \'WT Atklruss i. ifyw hwf v iwyvr. , ymywr !^\v)vr 's wfw-m^ion. If ymi th not haves kwycr taui\va»l co kce{}\w<r bwne(iMr?5s ilsffcrew mtn'img ttddrcss ^ead ¥!M {lo WH muy gnv ynviite. h.'ive togiw Cekfhww. fi.ix, ore-ffwi!. !.<w fw/crcmiwi offiw^-w ww m. a ii^i'. nLy fnjwmtitwn.) vlxrwf»nfonn!sflh<S i Case Number: Address: Cit. v: Stiittf: Telcphona E-MaiIAddreai: Zip: Fax: (2; Respondent Full Name- OJ Hearing T!w cfmri wr// fompiete th resTCifthfsfmm. Saint; and adtlr hearing. Do I have to go to court? dj Temporary Firearms Surrender Order (Am' wderyanteii iwn F.-fmi GV-ISO. .wived with this, iwttm.) Yes. Go to court on the date the clerk gives you, i. A Temporary Fircaims RcatrauiingOrtkrafi requested in Fonti GV-100, Pemiwi jbr Firs-wm'i SivreaderOr^r. is ^AL.-A ortyt havbeiwl: me (1} ~, (rRAM'KP until Uiu cnun hciu-ing. Will I see the restrained person at the court (2) "^:, DKNIH)until the court hearing. ('A>f(7//rfTKW.1i/<;rrf(?/»w/w6. wbw.f hearing? Notice of Court Hearing (Gun Vlolance Preventton) GV-109, Paetlof3 -> If the person comes to the hearing, yes. If you are afraid, tell the court officer. NewJanuary 1, 2016 Can a Firearms Restraining Order Help Me? (Gun Violence Prevention) GV-100-INFO, Page2of3 -> Can a Firearms Restraining Order Help Me? Do I need a lawyer? What if I need help to understand English? Having a lawyer is always a good idea, but it is not required and you are not entitled to a free court-appointed attorney. Ask the court clerk about free and low-cost legal Whenyou file your papers, askyour court's clerk or selfhelp center if your court will provide an interpreter for services and self-help centers in your county. you at no cost. Ifnot, you will have to pay a fee for the interpreter. If an interpreter is not available for your court date, you should ask someone who is over age 18 How long does the order last? to interpret for you. If the court makes a temporary order, it will last until your hearingdate, whichmust be within 21 days ofthe date of the temporary order. If at the hearingthe court issues a more permanent order, it will last for one year. It may be renewed for additional one-yearperiods. What if I am deaf or hard of hearing? Assistive listening systems, computerassisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk's office or go to www.courts. ca. gov/forms What if the restrained person does not obey the order? Call the police. The restrainedperson can be arrested and for Request for Accommodations by Persons with Disabilities and Response charged with a crime. (Form MC-410). (Civ. Code, § 54. 8.) Can I agree with the restrained person to terminate the order? No. Once the order is issued, only thejudge can change or terminate it. The restrained person would have to file a request with the court to terminate the order. New January 1, 2016 For help in your area, contact: [Localinformation may be inserted.] Can a Firearms Restraining Order Help Me? (Gun Violence Prevention) GV-100-INFO, Page3of3 Temporary Firearms Restraining Clerk stamps date here when form is filed. Order Petitioner must complete items (T) and (2) only. ^ Petitioner a. Your Full Name: I am: Q A family member of the Respondent A law enforcement officer employed by (name of law enforcement agency): Fill in court name and street address: Superior Court of California, County of b. Your Lawyer (ifyou have one for this case): Name: State Bar No.: Firm Name: c. YourAddress (Ifyou havea lawyer, giveyour lawyer's information. If youdonothavea lawyer andwantto keepyour homeaddressprivate, courtfillsincasenumberwhenformisf"edyou may give a different mailing address instead. You do not have to Case Number: give telephone,fax, or e-mail. Lawenforcementofficer, give agency information.) Address: State: City: Zip: Fax: Telephone: E-Mail Address: y> Respondent Full Name: Description: Sex: DM D F Height: Hair Color: Weight: Date of Birth: Age: Eye Color: Race: Home Address (if known): Zip: State: City: Relationship to Petitioner: The court will complete the rest ofthis form. ^ Expiration Date This Orderexpires atthe endofthe hearingscheduledfor the date andtime below: Date: Time: a. m. |_| p. m. This is a Court Order. JudicialCouncilolCalifornia,www_courts.ca.gov TemDorarv Firearms Restrainina Order (CLETS-1 NewJanuary 1, 2016, Mandatory Form penaicode,§18150eiseq. Approved by DOJ (Gun Violence Prevention) GV-110, Page 1 of 5 Case Number: "4") Findings D Having examined Q Petitioner D and other witnesses under oath, Havingconsideredthe declarationsof D Petitioner Q andotherwitnesses underpenalty ofperjury, a. The court finds that there is a substantial likelihood that both of the following are true: (1) Respondent poses a significant danger in the near future of causing personal injury to himself, herself, or anotherperson by having in his or her custody or control, owning,purchasing,possessing, or receiving a firearm. (2) A temporary gun violence restraining order is necessary to prevent personal injury to Respondent or to another person because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the current circumstances. b. D The court has received credible information that Respondentowns or possesses one or more firearms. c. D The facts as stated in the Petition and supporting documents, which are incorporated here by reference, establish sufficient grounds for the issuanceof this Order. and/or for the reasons set forth below. D See the attached Form MC-025, Attachment This is a Court Order. NewJanuary 1, 2016 Temporary Firearms Restraining Order (CLETS-TGV) (Gun Violence Prevention) GV-110, Page 2 of 5 -> Case Number: 5^) Order Prohibiting All Firearms and Ammunition a. You cannothave in your custodyor control, own,purchase,possess, or receive, or attemptto purchaseor receive, any firearm or ammunition. b- The court has received credible information that you own or possess one or more firearms that have not been surrendered or sold. You must: (1) Surrender all firearms and ammunition in your custody or control or that you possess or own. Ifa law enforcement officer orders you to surrender all of your firearms and ammunition to him or her, you must do so immediately. Ifno orderto surrenderis madeby a lawenforcementofficer, you must surrenderall of your firearms and ammunitionwithin24 hours ofbeingservedwiththis order. You maydo soby either: (1) surrenderingall ofyour firearms andammunitionin a safemannerto the local lawenforcementagency; or (2) selling all ofyour firearms and ammunition to a licensed gun dealer; or (3) storing all of your firearms and ammunition with a licensed gun dealer for as long as this Order or any more permanent order granted at the hearingin item (3) is in effect. (2) Within 48 hours of receiving this Order, file a receipt with the court that proves that your firearms have been turned in, sold, or stored. (You may use Form GV-800, Proof of Firearms Turned In, Sold, or Stored/or the receipt. ) You must also file a copy of the receipt with the law enforcement agency that served you with this order. FAILURETO FILETHIS RECEIPTIS A VIOLATIONOF THIS ORDER. gs) Number ofpages attached to this Order, if any: Date: Judicial Officer farnings and Notices to the Respondent This Order is valid until the expiration date and time noted on page 1 You are required to surrender all firearms and ammunition that you own or possess in accordance with section 18120 of the Penal Code and you may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive, a firearm or ammunition while this order is in effect. A hearing will be held on the date and at the time noted on Page 1 to determine if a more permanent gun violence restraining order should be issued. Failure to appear at the hearing may result in a court making an order against you that is valid for one year. You may seek the advice of an attorney as to any matter connected with the Order. The attorney should be consulted promptly so that the attorney may assist you in any matter connected with the order. Violation of this Order is a misdemeanor. If you violate this Order, you will be prohibited from having in your custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of five years. This Order must be enforced by any law enforcement officer in the State of California who is aware of or shown a copy of this Order. The Order remains enforceable regardless of the acts of the parties; it may be changed only by an order of the court. This is a Court Order. NewJanuary 1, 2016 Temporary Firearms Restraining Order (CLETS-TGV) (Gun Violence Prevention) GV-110, Page3of5 Case Number: After You Have Been Served With a Temporary Order Obeythe orderby turning in your firearms andammunitionto a law enforcementagencyor sellingthemto or storing them with a licensed gun dealer. Read Form GV-120-INFO, How Can I Respond to a Petition for Firearms Restraining Order?, to learn how to respond to this Order. Ifyou want to respond, fill out Form GV-120, Response to Petition for Firearms Restraining Order, and file it with the court clerk. Youmust haveForm GV-120servedby mail on the Petitioneror thePetitioner's attorney. You cannotdothis yourself. Thepersonwho does the mailing shouldcomplete andsignForm GV-250,Proof'of'ServiceofResponse by Mail. File the completedproofofservice with the court clerkbeforethehearingdateorbring it withyou to the hearing. In additionto the response, you may file andhavedeclarationsserved, signedbyyouandotherpersonswhohave personal knowledge ofthe facts. You may use Form MC-030, Declaration, for this purpose. It is available from the clerk's office at the court shown on page 1 of this form or at www. courts. ca. gov/forms. If you do not know how to prepare a declaration, you should see a lawyer. Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the hearing. At the hearing,thejudge canmake a firearmsrestrainingorderagainstyou that lasts for one year. Tell thejudgewhy you disagreewith the order requested. Instructions for Law Enforcement Duties of Officer Serving This Order The officer who serves this order on the Respondent must do the following: . Order the Respondent to immediately surrender all firearms and ammunition to him or her. . Issuea receipt to the Respondentfor all firearms and ammunitionthathe or shehassurrendered. . Complete a proofofpersonal service andfile it withthe court. YoumayuseForm GV-200for thispurpose. . Withinonebusinessday ofservice, submitthe proofofservice directly into the CaliforniaRestrainingandProtective Order System (CARPOS),includingthe servingofficer'sname andlaw enforcementagency Duties of Agency on Surrender of Firearms and Ammunition The law enforcement agencythat hasreceivedsurrenderedfirearms andammunitionmust dothe following: . Retain the firearms and ammunitionuntil the termination or expiration of this Order or of any other firearms restraining order issuedby the court. . On the expirationofthis Orderor ofanylater firearms restrainingorderissuedby the court, return the firearms and ammunition to the respondent as provided by Chapter 2 of Division 11 of Title 4 of the Penal Code (commencing with section 33850). Firearms or ammunition that are not claimed are subject to the requirements of section 34000. This is a Court Order. New January 1, 2016 Temporary Firearms Restraining Order (CLETS-TGV) (Gun Violence Prevention) GV-110, Page4of5 Case Number: Instructions for Law Enforcement (continued) . If someone other than the Respondent claims title to any ofthe firearms or ammunition surrendered, determine whetherthatperson is the lawful owner. If so, return the firearms and ammuition to him or her as provided by Chapter 2 of Division 11 of Title 4 of the Penal Code (commencing with section 33850). Enforcing This Order The law enforcement officer should determine if the Respondent had notice of the order. Consider the Respondent "served"(given notice) if: . The officer sees a copy ofthe proofof service or confirms that the proofof service is on file; or . The Respondentwas informed ofthe order by an officer. An officer can obtain information about the contents ofthe order andproofof service in CARPOS. Ifproofof service on the Respondent cannotbe verified, the agencymust advise the restrainedperson ofthe terms ofthe order andthen enforce it (see above: Duties of Officer Serving This Order). The provisions in this Temporaiy Firearms Restraining Order do not affect those ofany otherprotective or restraining order in effect, including a criminal protective order. The provisions in another existing protective order remain in effect. (Clerk will fill out this part.) -Clerk's Certificate- Clerk's Certificate [seal] I certify that this Temporary Firearms Restraining Order is a true andcorrect copy ofthe original on file in the court. Date: _ Clerk, by , Deputy This is a Court Order. New January 1, 2016 Temporary Firearms Restraining Order (CLETS-TGV) (Gun Violence Prevention) For your protection and privacy, please press the Clear Thio K. nrni hiil-tnn -afllA rijinii h-aiiEo r*ri»it<a*^l thn fci rrtfi GV-110, Page5 of 5 Firearms Restraining Order After Clerk stamps date here when form is filed. Hearing Petitioner must complete items (T) and (2) only. ^ Petitioner a. Your Full Name: lam: Q A family member ofthe Respondent D A law enforcement officer employed by (name of law enforcement agency): Fill in court name and street address: Superior Court of California, County of b. Your Lawyer(ifyou have onefor this case): State Bar No. Name: Finn Name: c. Your Address (Ifyou have a lawyer, give your lawyer 's information. If you do not have a lawyer andwant to keepyour home address private, courtfillsincasenumberwhenformisfiledyou may give a different mailing address instead. You do not have to give telephone, fax, or e-mail. Law enforcement officer, give agency Case Number: information.) Address: State: City: Zip: Fax: Telephone: E-Mail Address: "2^ Respondent Full Name: Description: Sex: DM D F Height: Hair Color: Weight: _Date of Birth: Eye Color: Age: Race: Home Address (if known); State: City: Zip: Relationship to Petitioner: The court will complete the rest ofthis form. ^) Expiration Date This Order expires at: (Time):_ a.m. D p. m. D midnight on (Date): If no expiration date is written here, this Order expires one year from the date of issuance. This is a Court Order. ^jaa'ncuo^"f20Jic6a'Sato7^oc°^'ca'gov Penal Code, § 18170 et seq. Approved by DOJ Firearms Restraining Order After Hearing (CLETS-OGV) (Gun Violence Prevention) GV-130, page 1 0^5 -> Case Number: '4} Hearing at (time): a. There was a hearing on (date): inDept.. Room: made the orders at the hearing. CName ofjudicial officer): b. These people were at the hearing: (1) E] The Petitioner (3) d The lawyer for the Petitioner (name): (2) D The Respondent (4) Q The lawyer for the Respondent (name): 5") Findings a. The court finds by clear and convincing evidence that both of the following are true: (1) Respondentposes a significantdangerofcausingpersonal injury to himself, herself, or anotherperson by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. (2) A gun violence restraining order is necessary to prevent personal injury to Respondent or to another person because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequateor inappropriate for the current circumstances. b. D The court has received credible information that the Respondent owns or possesses one or more firearms. c. D The facts as stated in the Petition and supporting documents, which are incorporated here by reference, establish sufficientgrounds for the issuance ofthis Order and/or for the reasons set forth below. See the attached Form MC-025, Attachment This is a Court Order. NewJanuary 1, 2016 Firearms Restraining Order After Hearing (CLETS-OGV) (Gun Violence Prevention) GV-130, Page2of5 -> Case Number: "0^ Order Prohibiting All Firearms and Ammunition a. You cannothave in your custodyor control, own, purchase,possess, or receive, or attemptto purchaseor receive, any firearm or ammunition. b. You must: (1) Surrenderall firearms and ammunitionin your custody or control or that you possess or own. If a law enforcement officer orders you to surrender all of your firearms and ammunition to him or her, you must do so immediately. Ifno orderto surrenderis madeby a law enforcementofficer, youmust disposeofall of your firearms and ammunition within 24 hours ofreceiving notice ofthis order. You may do so by either: (1) surrenderingall ofyour firearms andammunitionin a safemannerto the local law enforcementagency; or (2) selling all ofyour firearms and ammunition to a licensed gun dealer; or (3) storing all of your firearms and ammunition with a licensed gun dealer for as long as this Order is in effect. (2) Within48 hours ofreceivingthis Order, or if the court is closed, then on the nextbusinessday, file a receipt with the court that proves that your guns or firearms have been turned in, sold, or stored. (You may use Form GV-800, ProofofFirearms Turned In, Sold, or Storedfor the receipt. ) You must also file a copy of the receipt with the law enforcement agency that served you with this order. FAILURE TO FILE THIS RECEIPT IS A VIOLATION OF THIS ORDER. "7^) Service of Order on Respondent a. D The Respondentpersonally attendedthe hearing.No otherproofofservice is needed.The clerk has provided the Respondent with a blank copy of Form GV-600, Request to Terminate Firearms Restraining Order. b. D The Respondentdid not attendthehearing.The Respondentmustbepersonally servedwith a court filestamped copy of this Order and a blank copy ofForm GV-600, Request to Terminate Firearms Restraining Order, by a law enforcement officer or someone age 1 8 or older - and not a party to the action. 8 } Number of pages attachedto this Order, if any: Date: Judicial Officer Warnings and Notices to the Respondent This Order is valid until the expiration date and time noted on page 1. If you have not done so already, you must surrender all firearms and ammunition that you own or possess in accordance with section 18120 of the Penal Code. You may not have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or receive, a firearm or ammunition while this Order is in effect. Pursuant to section 18185, you have the right to request one hearing to terminate this Order at any time during its effective period. You may seek the advice of an attorney as to any matter connected with the order This is a Court Order. NewJanuary 1, 2016 Firearms Restraining Order After Hearing (CLETS-OGV) (Gun Violence Prevention) GV-130, Page3of5 Case Number: Violation of this Order is a misdemeanor punishable by a $1,000 fine or imprisonment for six months or both. (Pen. Code, §§ 19, 18205. ) If you violate this Order, you will be prohibited from having in your custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition for a period of five years. This Order must be enforced by any law enforcement officer in the State of California who is aware of or shown a copy of this Order. The Order remains enforceable regardless of the acts of the parties; it may be terminated only by an order of the court. Instructions for Law Enforcement Duties of Officer Serving This Order The officer who serves this Order on the Respondent must do the following: . Order the Respondent to immediately surrender all firearms and ammunition to him or her. . Issue a receipt to the Respondentfor all firearms and ammunition that he or she has surrendered. . Complete a proofofpersonal service and file it with the court. You may use Form GV-200for this purpose. . Within one business day of service, submit the proofof service directly into the CaliforniaRestraining and Protective Order System (CARPOS), includingthe serving officer's name and law enforcement agency Duties of Agency on Surrender of Firearms and Ammunition The law enforcement agency that has received surrenderedfirearms and ammunition must do the following: . Retain the firearms and ammunition until the expiration of this order or of any other firearms restraining order issued by the court. . On the expiration ofthis order or of any later firearms restraining Order issuedby the court, return the firearms and ammunition to the Respondent as providedby Chapter2 ofDivision 11 ofTitle 4 ofthe Penal Code (commencing with section 33850), Firearms or ammunition that are not claimed are subject to the requirements of section 34000. If someone other than the Respondentclaims title to any ofthe firearms or ammunition surrendered, determine whetherthat person is the lawful owner. If so, return the firearms and ammunition to him or her as providedby Chapter 2 of Division 11 ofTitle 4 ofthe Penal Code (commencingwith section 33850). Enforcing This Order The law enforcement officer should determine if the Respondent had notice of the order. Consider the Respondent "served" (given notice) if: . The officer sees a copy of the proofof service or confirms that the proofofservice is on file; or The respondent was informed ofthe Orderby an officer. Item 7a is checked. This is a Court Order. New January 1, 2016 Firearms Restraining Order After Hearing (CLETS-OGV) (Gun Violence Prevention) GV-130, Page4of5 -> Case Number: Instructions for Law Enforcement (continued) An officer can obtain information about the contents of the order and proof of service in CARPOS, If proof of service on the respondent cannot be verified, the agencymust advise the restrainedperson ofthe terms ofthe order and then enforce it (see above: Diities of Officer Serving This Order). The provisions in this Firearms Restraining Order After Hearing do not affectthose ofany otherprotective or restraining order in effect, including a criminal protective order. The provisions in another existing protective order remain in effect. (Clerk will fill out this part.) -Clerk's CertificateClerk's Certificate [seal] I certify that this Firearms Restraining Order After Hearing is a true and correct copy of the original on file in the court. Clerk, by Date: , Deputy This is a Court Order. NewJanuary 1, 2016 Firearms Restraining Order After Hearing (CLETS-OGV) (Gun Violence Prevention) For your protection and privacy, please press the Clear GV-130, Page5of5 Clerk stamps date here when form is filed. Proof of Personal Service ^ Petitioner Name: ^ Respondent Name: 3^ Notice to Server ® The server must: Fill in court name and street address: . Be 18 years of age or older. . Superior Court of California, County of Not be the Petitioner unless the Petitioner is a law enforcement officer. . Give a copy ofall documents checked in (4) to the Respondent. (You cannot send them by mail.) Then complete and sign this form and give or mail it to the Petitioner. PROOF OF PERSONALSERVICE Fill in case number: Case Number: 4s) I personally gave the Respondent a copy of the forms checked below: ® a. Q GV-100, Petition for Firearms Restraining Order b. D GV-109, Notice of Court Hearing c. D GV-110, Temporary Firearms Restraining Order d. D GV-11 6, Notice of New Hearing Date e. f. g. h. i. D D Q D D GV-120, Response to Petition for Firearms Restraining Order (blank form) GV-120-INFO, How Can I Respond to a Petition for Firearms Restraining Order? GV-130, Firearms Restraining Order After Hearing GV-600, Request to Terminate Firearms Restraining Order (blank form) GV-800, Proofof Firearms Turned In, Sold, or Stored(blank form) J. D Other (specify): 5^ I personally gavecopies ofthe documents checkedaboveto the Respondent: ® a. On (date): b. At (time): D a. m. p. m. c. At this address: State: City: Zip: ®Server's Information Name: Address: City: Zip: State: Telephone: (Ifyou are a registeredprocess server): Registration number: County of registration: I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. ^ Date: Type or print server's name Judicial Council of California, www. courts. ca. gov NewJanuary 1, 2016, Optional Form Penal Code, § 18160(b) Server to sign here Proof of Personal Service (Gun Violence Prevention) For your protection and privacy, please press the Clear GV-200, Page 1 of 1 GV-200-INFO What Is "Proof of Personal Service"? What is "service"? Serviceis the act ofgiving your legal papersto the otherparty. There aremanykinds ofservice-inperson, by mail, and others. This form is about personal or "in-person" service. The Petition for Firearms Restraining Order (Form GV-100), the NoticeofCourt Hearing(Form GV-109),andthe Temporary Firearms RestrainingOrder (Form GV-110)mustbe served "in person. " That means that someone must personally "serve" (give) a copy of the forms to the respondent (the person to be prohibitedfrom havingguns). These forms cannot be served by mail; they must be given to the respondent personally Service lets the respondent know: . Why you are asking for a Firearms Restraining Order; . The hearing date; . How to respond. Why do I have to get the orders served? The police cannot arrest anyone for violating an order unless that person knows about the order. . No hearingcanbe heldto extendthe orderfor a year unless therespondentwas served andknowsaboutthe hearing. Don't serve it by mail! Who can serve? Any law enforcement officer may serve the respondent, even if the petition was filed by a law enforcement officer. It is recommended that you ask a law enforcement officer to serve the forms because ofthe potential for gun violence. However, service may also be by any person who is at least 18 years old and not a party to the action. That means that if the petitioner is a family member rather than a law enforcement officer, that person may not serve the forms on the respondent. You may use a process server, A "registered process server" is a business that you pay to deliver court forms. Look for "Process Serving" in the Yellow Pages or on the Internet. How to serve Ask the server to: * . . . Make personal contact with the person to be served. Make sure it is the right person. Ask the person's name. Give the person copies of all papers checked on Form GV-200, Proof of Personal Service, Fill out and sign the Proofof Personal Service form. . Give the signed Proof of Personal Service to you. What if the person won't take the papers or tears them up? . If the person won't take the papers,just leave them nearhim or her. . It doesn't matter if the person tears them up. Service is still complete. Judicial Council of California, www.courts. ca. gov New January 1, 201G, Optional Form What Is "Proof of Personal Service"? (Gun Violence Prevention) GV-200-INFO, Page 1 of 2 GV-200-INFO What Is "Proof of Personal Service?" When do the orders have to be served? It depends. To know the exact date, you have to look at two things on Form GV-109, Notice of Court Hearing: First, look at the hearing date on page 1 ofForm GV-109. Next, look at the number ofdays in item (5J on page2 of FormGV-109, 5) Service of ^ocumenl? on Respondent At least Hearing^ Date five D ^ calendar days before the tearing. Date^ Dept Look at a calendar. Subtractthe number ofdays in (^5) from the hearingdate. That is the final date to have the orders served. It is always OK to serve earlier than that date. If nothing is checked or written in (5), you must serve the orders at least five days before the hearing. Who signs the Proof of Personal Service? Only the person who serves the forms can signForm GV-200, Proofof PersonalService. You do not sign it; the restrained person does not need to sign it. What do I do with the completed Proof of Personal Service? If someone other than a law enforcement officer serves the papers, you should: . Make several copies. . File the original with the court before your hearing. . Bring a copy of the completed Proofof Personal Serviceto your hearing. . Always keep an extra copy of the restraining orders with you for your safety. What happens if I can't get the orders served before the hearing date? You will need to ask the court to "continue"(postpone andreschedule) the hearinguntil after you are able to have the respondent served. Fill out and file Form GV-115, Request to Continue Court Hearing for Firearms Restraining Order. If the court grants