If You Are Applying for a Restraining Order
Domestic Violence Restraining Orders (DVROs), also called Protective Orders, are civil legal orders that tell a person who has harmed an intimate partner or family member what they can and cannot do while the DVRO is in effect.
Every victim’s situation is different. A judge reviews each restraining order application and grants orders that will best protect you and your family. If the person who harmed you has firearms or you believe they could easily get firearms or have threatened that they might get firearms, that information is important to share with the judge.
The goal of DVROs is to keep protected people safe. As part of keeping people safe, all restraining orders in California and Contra Costa include the requirement that the restrained person must relinquish (turn in or store with a dealer or law enforcement) any guns, gun parts, and ammunition they own, have or control while the order is in place.
If you are experiencing abuse or violence at home, you are not alone. Help is available. Please contact the National Domestic Violence Hotline at 1-800-799-SAFE (7233)
CALL SAFEHow gun relinquishment works
1. Once served (when the person gets the official notice) with the DVRO, the restrained person must turn in, sell or store their firearms (guns, gun parts and ammunition) within 24 hours, following the instructions on this California Courts page. The form “Receipt for Firearms, Firearm Parts, and Ammunition” (DV800/JV270) must be filed with the court.
2. The judge must check the case file for proof that guns were turned in, stored or sold or hold a compliance review hearing where the restrained person must prove they have relinquished their firearms are explain why they have not.
3. If proof is not filed within 48 hours of the restraining order being served, the court must:
– Informlaw enforcement to get the firearms.
– Inform the District Attorney’s Office about the restraining order violation within 2 days.
Other types of restraining orders
In California, ALL Restraining Orders (ROs) include gun and ammunition prohibitions and relinquishment requirements. ROs are also available in the following situations (and you can learn more about each of these orders and how to get one or respond to one on the California Courts website):
Civil Harassment Ortder
Workplace Violence Prevention Order
School Violence Prevention Order
Elder & Dependent Adult Abuse Order
Criminal Protective Order
Emergency Protective Order (may only be requested by law enforcement, you can ask law enforcement to seek one)
Gun Violence Restraining Order*
*A Gun Violence Restraining Order restrains a person found to be at risk of harming themself or others only —harm need not yet have occurred, and no protected person or people are named. GVROs can be requested by law enforcement or concerned family and household members. To learn more about GVROs, visit this California Courts page.
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Learn MoreNeed more help?
A protective order is not a complete solution, but it can be an important part of a safety plan. Stay Safe Contra Costa can help you connect with resources for you and your family in Contra Costa. To learn more about protective orders and other safety options, please explore the following links:
Bay Area Legal Aid provides legal advice to DV survivors and holds weekly Restraining Order clinics.
Advice line: 1-800-551-5544.
To make a clinic appointment call STAND! or Family Justice Center.
baylegal.org
Contact a Navigator at the Contra Costa Family Justice Center
Antioch: 925-281-0970
Concord: 925-521-6366
Danville: 925-486-0100
Fairfield 707-784-7635
Richmond: 510-974-7200
Free consultations with Lawyers for Family Justice are available.
ContraCostafamilyjustice.org
Connect with a Domestic Violence Advocate at STAND! for Families Free of Violence
24-Hour Crisis Line
888-215-5555
Standoff.org
Funded by the California Board of State and Community
Corrections Byrne State Crisis Intervention Program (Byrne SCIP) through Contra
Costa Employment and Human Services Department Alliance to End Abuse.