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A gun violence restraining order can strip you of your Second Amendment rights, remove firearms from your home, and create a permanent record that follows you for years. In California, these orders — commonly called GVROs or “red flag” orders — have expanded dramatically in scope and frequency since 2014. Courts across Los Angeles, Orange County, Riverside, San Bernardino, and San Diego now grant thousands of these orders every year, often based on thin evidence and one-sided testimony.
If you have been served with a GVRO petition or learned that a temporary emergency order has already been issued against you, you are facing a legal proceeding that demands immediate, aggressive defense. The hearing timeline is compressed. The burden of proof is lower than a criminal case. And the consequences — including mandatory firearm surrender, a statewide database entry, and potential criminal exposure — are severe.
Power Trial Lawyers defends individuals facing gun violence restraining orders throughout Southern California. We treat every GVRO case with the seriousness of a criminal defense matter because the stakes are comparable. Contact us immediately at 888-808-2179 or through our online contact page to discuss your defense.

A gun violence restraining order is a court order authorized under California Penal Code sections 18100–18205 that prohibits a person from purchasing, possessing, or controlling firearms and ammunition. California was the first state in the nation to pass this type of legislation in 2014, and the law has been amended multiple times since then to expand who can file a petition and under what circumstances.
The stated purpose of a GVRO is to temporarily remove firearms from individuals who allegedly pose a significant danger of harming themselves or others. Unlike a domestic violence restraining order or a civil harassment restraining order, a GVRO does not require any underlying relationship between the petitioner and the respondent. It is focused exclusively on firearm access.
Under current California law, the following people and entities can file a gun violence restraining order petition against you:
This is one of the broadest filing pools of any restraining order type in California. A disgruntled coworker, an estranged family member, or a former roommate can initiate a proceeding that results in armed law enforcement officers arriving at your home to seize your firearms — often before you have any notice or opportunity to respond.
The evidentiary standard for a GVRO varies depending on the type of order sought. For a temporary emergency GVRO, a law enforcement officer must show reasonable cause to believe that the respondent poses an immediate and present danger of causing personal injury to themselves or another person by having a firearm. A judicial officer can issue this order ex parte — meaning without any notice to you and without any opportunity for you to respond.
For a GVRO issued after a noticed hearing (sometimes called an “order after hearing” or a one-year GVRO), the petitioner must prove by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to themselves or another by having a firearm. Clear and convincing evidence is higher than the preponderance standard used in most civil restraining order proceedings, but significantly lower than the beyond-a-reasonable-doubt standard required in criminal cases.
For a renewed GVRO (which can extend the order for an additional one to five years), the petitioner must again meet the clear and convincing evidence standard at the renewal hearing.
Under Penal Code section 18155, the court must consider a range of factors when deciding whether to issue a GVRO, including:
The statute also instructs the court to consider evidence of the respondent’s mental health condition, but only as one factor among many. A mental health diagnosis alone is not sufficient to justify a GVRO.
The GVRO process moves quickly, and each stage carries distinct legal risks. Understanding this timeline is essential to mounting an effective defense.
The petitioner files a petition for a gun violence restraining order at the superior court in the county where the respondent resides. In Los Angeles County, this could be filed at Stanley Mosk Courthouse in Downtown LA, Van Nuys Courthouse, Pasadena Courthouse, Long Beach Courthouse, Torrance Courthouse, Santa Monica Courthouse, Compton Courthouse, or Airport Courthouse near LAX — depending on the judicial district. In Orange County, filings are typically processed at the Central Justice Center in Santa Ana, the Lamoreaux Justice Center in Orange, or the Harbor Justice Center in Newport Beach.
In most cases, the petitioner simultaneously requests a temporary emergency GVRO. A judge reviews this request the same day — without your knowledge and without any input from you. If the judge determines that reasonable cause exists, a temporary order is issued immediately. Law enforcement may then arrive at your home to serve the order and demand the surrender of all firearms, ammunition, and magazines in your possession.
This is one of the most constitutionally aggressive aspects of GVRO law. Your firearms are seized before you have any opportunity to present your side of the story. If law enforcement files the petition, a temporary emergency GVRO can be issued by a judicial officer even outside of normal court hours.
Once the temporary order is issued, you must be personally served with the petition, the temporary order, and a notice of the hearing date. Under California law, the hearing on the full GVRO petition must be scheduled within 21 days of the filing date. This is an extremely compressed timeline that leaves respondents very little time to retain counsel, gather evidence, and prepare a defense.
The hearing is conducted in superior court before a judge. Both sides may present testimony, documents, and other evidence. The respondent has the right to be represented by an attorney, to cross-examine witnesses, and to present witnesses of their own.
This hearing is your primary opportunity to fight the GVRO. At the Riverside Historic Courthouse, the Southwest Justice Center in Murrieta, or the Larson Justice Center in Indio, these hearings are typically heard in civil or family law departments. The same is true at the San Bernardino Justice Center, Rancho Cucamonga Courthouse, and Victorville Courthouse. In San Diego County, GVRO hearings may be calendared at the Central Courthouse downtown, the Vista Courthouse, or the Chula Vista Courthouse.
If you do not appear at the hearing, the court will almost certainly grant the GVRO by default. If you appear without an attorney, you are at a severe disadvantage against petitioners who are often coached or represented by law enforcement or victim advocates.
If the judge finds clear and convincing evidence that you pose a significant danger, the court will issue a GVRO lasting one to five years. If the petitioner fails to meet that burden, the court will deny the petition and any temporary order will be dissolved. In cases where the GVRO is denied, you are entitled to have your surrendered firearms returned.
A gun violence restraining order is narrower in scope than a domestic violence or civil harassment restraining order, but its restrictions are severe and enforceable by criminal penalties:
The court does not have authority under GVRO law to order stay-away provisions, move-out orders, or custody modifications — those tools are specific to domestic violence and civil harassment proceedings. However, a GVRO is frequently filed in conjunction with or as a complement to those other proceedings, compounding the total impact on the respondent.
Too many respondents underestimate what a gun violence restraining order actually means. How will it affect their daily life? Their rights? Their future? Here is what you face if a GVRO is entered against you:
Every GVRO is entered into the California Law Enforcement Telecommunications System (CLETS). This is the same database used to track domestic violence restraining orders, criminal protective orders, and other court orders. Any law enforcement officer in California who runs your name during a traffic stop, welfare check, or investigation will see the active GVRO. This entry persists for the duration of the order and may remain visible even after the order expires, depending on how the database is updated.
Violating a GVRO is a criminal offense under Penal Code section 18205. If you fail to surrender your firearms within 24 hours, attempt to purchase a firearm while the order is active, or are found in possession of any firearm or ammunition, you face misdemeanor or felony charges carrying up to one year in county jail or up to three years in state prison. A conviction for violating a GVRO creates a separate criminal record with its own collateral consequences.
For the duration of the GVRO — which can last up to five years and can be renewed indefinitely — you lose your right to keep and bear arms. If you hold a concealed carry permit (CCW), it will be suspended or revoked. If you are a registered firearm owner, your entire collection must be surrendered. This is not a theoretical risk. It is an immediate, enforceable reality from the moment the order is served.
Many professional licensing boards in California require applicants and licensees to disclose restraining orders, including GVROs. If you work in law enforcement, private security, the military, or related fields, a GVRO can directly threaten your career. Peace officers subject to a GVRO cannot carry a duty weapon, which effectively suspends their ability to work. Security professionals licensed under the Bureau of Security and Investigative Services (BSIS) face similar consequences.
Beyond firearm-dependent careers, any professional license application that asks about restraining orders — including those in medicine, law, nursing, real estate, and financial services — may require disclosure of a GVRO.
For non-citizens, a GVRO can trigger immigration consequences that are disproportionate to the civil nature of the proceeding. While a GVRO itself is not a criminal conviction, the underlying allegations — particularly those involving threats of violence — can be cited in removal proceedings, affect asylum claims, and complicate naturalization applications. If a criminal charge for violating the GVRO follows, the immigration consequences escalate dramatically.
Anything you say or submit in a GVRO proceeding can potentially be used against you in a criminal case. If you are simultaneously facing domestic violence charges, assault allegations, or threats-related criminal charges, the GVRO hearing creates a parallel proceeding where statements, admissions, and evidence may cross over. This is a critical reason why having defense counsel who understands both the civil and criminal dimensions of GVRO law is essential.
Landlords, property management companies, and housing authorities increasingly run background checks that capture restraining orders. A GVRO on your record may affect your ability to rent housing, maintain a lease, or qualify for housing. While California law restricts the use of certain records in housing decisions, the reality is that a GVRO creates barriers.
Gun violence restraining order defense is not a passive process. You do not win these cases by showing up at the hearing and hoping the judge sees through weak evidence. You win by attacking the petition aggressively, challenging the evidence methodically, and holding the petitioner to their legal burden.
Power Trial Lawyers approaches every GVRO case with the same preparation and intensity we bring to criminal defense. Here is how we fight these cases.
The petitioner must prove by clear and convincing evidence that you pose a significant danger. That is a high civil standard. We scrutinize every piece of evidence the petitioner offers — declarations, police reports, text messages, social media posts, witness statements — and identify weaknesses, inconsistencies, and gaps. If the evidence does not meet the statutory threshold, we move to deny the petition on evidentiary grounds.
GVRO petitions are frequently weaponized in family disputes, custody battles, neighbor conflicts, and workplace disagreements. A disgruntled ex-spouse may file a GVRO to gain tactical advantage in a divorce. A coworker may file a petition as retaliation. A family member may exaggerate or fabricate claims to punish you for a personal disagreement.
We investigate the petitioner’s credibility, their motive for filing, and their relationship to you. If the petition is driven by animus rather than genuine safety concerns, we expose that to the court.
GVRO petitions increasingly rely on text messages, social media posts, emails, and other digital evidence. These communications are often taken out of context, selectively edited, or mischaracterized. We analyze the full context of every digital communication the petitioner cites, identify manipulated or misleading evidence, and present the complete picture to the judge.
The hearing is your opportunity to test the petitioner’s claims under oath. Effective cross-examination can reveal exaggerations, contradictions, prior inconsistent statements, and credibility problems that destroy the petitioner’s case. Our attorneys are experienced trial lawyers who know how to cross-examine witnesses in restraining order proceedings at courthouses throughout Southern California — from Stanley Mosk in Downtown Los Angeles to the Central Justice Center in Santa Ana to the Central Courthouse in San Diego.
GVRO law implicates serious constitutional questions under the Second Amendment, the Due Process Clause of the Fourteenth Amendment, and the Fourth Amendment’s prohibition on unreasonable seizures. While California appellate courts have largely upheld the GVRO statutory framework, individual cases often present procedural defects that provide grounds for challenge:
We review every procedural step of the case and challenge any deficiency that compromises your rights.
Defense is not only about tearing down the petitioner’s case. It is also about affirmatively showing the court that you are not a danger. We help our clients assemble evidence of their stability, including character declarations, employment records, mental health treatment records (when appropriate and strategically beneficial), compliance with any existing court orders, and evidence of responsible firearm ownership and storage practices.
Yes. You have the absolute right to contest a GVRO petition at the noticed hearing. You can retain an attorney, present evidence, call witnesses, and cross-examine the petitioner. If the petitioner fails to prove by clear and convincing evidence that you pose a significant danger, the court must deny the petition. Even if a temporary emergency order has already been issued, that order is not final — the full hearing is where the real fight happens.
The key is acting immediately. The 21-day window between the filing of the petition and the hearing date leaves very little time to prepare. Retaining experienced defense counsel as soon as you are served gives you the best chance of defeating the petition.
A GVRO hearing is a civil proceeding conducted in superior court before a judge. There is no jury. The petitioner goes first and presents their case. Typically the petitioner does this through their own testimony, declarations, and documentary evidence such as text messages, police reports, or witness statements. The respondent then has the opportunity to cross-examine the petitioner and any witnesses. The respondent will also present their own evidence, and testify if they choose to do so.
The judge evaluates the evidence under the clear and convincing standard and issues a ruling, typically at the conclusion of the hearing. If the GVRO is granted, the judge will specify its duration (one to five years) and the terms of the order. If the GVRO is denied, any temporary order is dissolved and your firearms must be returned.
Hearings at courthouses across Southern California — including the North Justice Center in Fullerton, the West Justice Center in Westminster, and the Southwest Justice Center in Murrieta — follow the same general procedure, but individual judicial officers may have their own rules regarding time limits, exhibit handling, and witness scheduling. Local courtroom knowledge matters enormously in these cases.
Yes. A GVRO will prohibit your access to guns under California law. For the entire duration of the order, you are prohibited from possessing, purchasing, or controlling any firearm or ammunition. If you hold a concealed carry permit, it will be invalidated. If you are a federally licensed firearms dealer, you may face additional consequences from the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Even after a GVRO expires or is terminated, restoring your gun rights may require affirmative steps, including confirming that the CLETS entry has been cleared and that no other prohibiting conditions exist. If the GVRO leads to a criminal charge — such as for a violation — the firearms consequences can become permanent.
Yes. The court enters a gun violence restraining order into the CLETS database. The order also appears in the National Instant Criminal Background Check System (NICS). As a result, the GVRO can appear on background checks that query these databases. This includes firearm purchase checks, law enforcement checks, and many employment or licensing checks.
The GVRO may also appear in civil court records accessible through the superior court’s online case portal. Anyone conducting a public records search of your name may be able to find the case.
There are several pathways to ending a GVRO. First, you can defeat the petition at the initial hearing by demonstrating that the petitioner has not met the clear and convincing evidence standard. Second, if a GVRO has been granted, you can file a petition to terminate the order early under Penal Code section 18185. The court will evaluate whether the circumstances that justified the original order have changed. Third, you can oppose the renewal of a GVRO when the petitioner seeks to extend it beyond its original term.
In all three scenarios, having experienced defense counsel who can present compelling evidence and argument to the court significantly increases the likelihood of a favorable outcome.
A temporary emergency GVRO issued by a law enforcement request lasts up to 21 days. A temporary GVRO issued on an ex parte basis by a court lasts until the hearing date, which must be set within 21 days. A GVRO issued after a full hearing can last between one and five years, as determined by the judge. Upon expiration, the petitioner can seek renewal for additional periods of one to five years. There is no statutory limit on the number of renewals.
In practice, a GVRO can remain in effect indefinitely. That can happen if the petitioner keeps seeking renewals and the court keeps granting them. You need an aggressive defense at every stage. That includes the initial hearing, renewal hearings, and any termination proceedings. This approach protects your rights over the long term.
California law does not require you to have an attorney at a GVRO hearing. But the question is not whether you are legally required to have one — the question is whether you can afford not to.
GVRO proceedings involve complex evidentiary rules, statutory interpretation, cross-examination of adverse witnesses, and constitutional arguments that most people are not equipped to handle on their own. The petitioner may be represented by counsel, assisted by a victim advocate, or supported by law enforcement officers who testify as witnesses. If you appear unrepresented, you are fighting at a significant disadvantage in a proceeding with serious, long-lasting consequences.
Power Trial Lawyers has defended GVRO cases at courthouses across Los Angeles County, Orange County, Riverside County, San Bernardino County, and San Diego County. We know the judges, the procedures, and the strategies that work. Call 888-808-2179 to discuss your case.
False GVRO petitions are more common than most people realize. California’s broad standing rules mean that a wide range of people — from family members to coworkers to former roommates — can file a petition based on allegations that may be exaggerated, fabricated, or driven by personal animosity.
If you believe the GVRO petition against you is based on false allegations, you need to be strategic. In many cases, your defense strategy should include gathering evidence that contradicts the petitioner’s claims, identifying the petitioner’s motive for filing, obtaining communications (text messages, emails, voicemails) that undermine the petitioner’s credibility, and preparing for aggressive cross-examination at the hearing.
In some cases, filing a false GVRO petition may itself constitute abuse of process or perjury. While these claims are difficult to pursue, they can be raised as part of your defense strategy and may deter the petitioner from pursuing the case aggressively.
A GVRO hearing is a civil proceeding, so Fifth Amendment protections apply in a more limited way. You can invoke the Fifth Amendment and refuse to testify at the GVRO hearing. The judge may still draw an adverse inference from your silence. The court may treat your silence as evidence supporting the petitioner’s claims. If you face criminal charges at the same time, your GVRO testimony can later hurt you in the criminal case. This overlap creates a strategic dilemma. Experienced counsel must weigh the risks in both proceedings. Counsel must build a defense strategy that protects you in both forums.
Violating a GVRO is a criminal offense under Penal Code section 18205. The most common violations include failing to surrender firearms within 24 hours of service, purchasing or attempting to purchase a firearm or ammunition while the order is active, and possessing a firearm or ammunition in violation of the order.
A violation can be charged as a misdemeanor or a felony. A misdemeanor conviction carries up to one year in county jail. A felony conviction carries up to three years in state prison. Either conviction creates a criminal record that carries its own collateral consequences, including a potential lifetime firearms prohibition under California Penal Code section 29800.
If you have been charged with violating a GVRO, contact Power Trial Lawyers immediately at 888-808-2179. This is now a criminal defense matter requiring immediate legal representation.
If the GVRO petition is denied at the hearing, or if the GVRO expires and is not renewed, you are entitled to have your surrendered firearms returned. The process for recovering your firearms depends on whether they were surrendered to law enforcement or to a licensed firearms dealer.
If you surrendered your firearms to law enforcement, you will need to contact the agency and follow their property release procedures, which typically require you to show proof that the order has been terminated or expired and that you are not otherwise prohibited from possessing firearms. If you surrendered your firearms to a licensed dealer, you will need to complete a standard DROS background check to recover them.
In practice, recovering firearms after a GVRO can be bureaucratically difficult. Some agencies delay the return process, impose additional requirements, or dispute whether specific firearms are subject to return. Having an attorney advocate on your behalf can expedite this process significantly.
GVRO cases are heard in superior courts across Southern California, and courtroom-specific knowledge gives a meaningful advantage in these proceedings. Different judicial officers approach GVRO hearings differently. Some judges are rigorous about requiring clear and convincing evidence. Others are more inclined to err on the side of granting the order. Knowing your judge, understanding the local rules, and being familiar with the courtroom culture in each venue is an essential part of effective defense.
Los Angeles County is the largest court system in the nation, and GVRO hearings are conducted at courthouses across the county. Power Trial Lawyers has defended GVRO cases at all LA courthouses, including:
Each location has its own judicial culture, staffing patterns, and procedural expectations.
If you have been served with a GVRO petition in Los Angeles County, our attorneys can appear at the specific courthouse where your hearing is scheduled and provide defense tailored to that venue.
Orange County GVRO cases are typically handled at one of the following OC Courthouses:
Power Trial Lawyers regularly appears in Orange County courts for restraining order matters and understands the procedural differences between each courthouse location.
Riverside County GVRO hearings are conducted at the Riverside Historic Courthouse, the Southwest Justice Center in Murrieta, and the Larson Justice Center in Indio The geographic spread of Riverside County means that your hearing location may be determined by where you reside within the county. Our attorneys handle GVRO cases across all Riverside County court locations.
San Bernardino County is the largest county by area in the contiguous United States. Its courthouses — including the San Bernardino Justice Center, the Rancho Cucamonga Courthouse, or the Victorville Courthouse — are spread across a vast geographic footprint. Power Trial Lawyers provides GVRO defense throughout San Bernardino County. We understand the logistical and procedural challenges specific to each location.
San Diego County GVRO hearings usually take place at the Central Courthouse in Downtown San Diego, the Vista Courthouse in North County, or the Chula Vista Courthouse in South Bay. The county has seen a sharp rise in GVRO filings in recent years. Our attorneys stand ready to defend these cases at any county courthouse.
Power Trial Lawyers is a Southern California defense firm. We handle gun violence restraining orders and domestic violence restraining orders. Our attorneys also handle civil harassment restraining orders, workplace violence restraining orders, and elder abuse restraining orders. We also have a robust criminal defense practice. As a result, we understand how GVRO cases intersect with criminal proceedings, family law disputes, and job consequences. We handle each of those matters under one roof.
Our approach is built on three principles:
Immediate response. GVRO timelines are compressed. When you call us, we begin working on your defense immediately. We will review the petition, identify evidentiary weaknesses, and prepare for the hearing.
Aggressive, evidence-based defense. We do not show up at hearings and hope for the best. We subpoena records, investigate the petitioner’s background and motives, prepare cross-examination outlines, and build an affirmative defense that demonstrates you are not a danger.
Courtroom experience across Southern California. We have appeared in courtrooms in Los Angeles, Orange County, Riverside, San Bernardino, and San Diego. We know the judges, the local rules, and the courtroom dynamics at all Southern California courthouses.
Gun violence restraining order defense often intersects with other areas of our practice. If you are facing related legal issues, the following resources may be helpful:
If you have been served with a gun violence restraining order — or if you have learned that a temporary emergency GVRO has been issued against you — do not wait. Every day you delay is a day you lose in preparing your defense. The hearing is coming whether you are ready or not.
Call Power Trial Lawyers at 888-808-2179 to speak with a defense attorney who handles GVRO cases across Southern California. You can also reach us through our online contact page at www.powertriallawyers.com.
We defend clients facing gun violence restraining orders in Los Angeles County, Orange County, Riverside County, San Bernardino County, and San Diego County. We handle every stage of the GVRO process — from emergency temporary orders to contested hearings to renewal and termination proceedings.
Your rights are on the line. Call 888-808-2179 today.