Restraining Orders

A temporary or final gun violence restraining order should only be issued if less restrictive methods either have been tried and did not work or are inappropriate for the circumstances.¹

In deciding whether to grant a gun violence restraining order, the judge must consider the following evidence:

1. a recent threat of violence, or act of violence by the respondent, either self-inflicted or against an individual, group, or location;
2. a violation of an emergency domestic violence restraining order or an emergency stalking protective order, if either order is in effect at the time the judge is considering the petition;
3. a recent violation of an unexpired:

• domestic violence protective order;
• civil harassment order;
• workplace violence restraining order;
• protection order prohibiting intimidation of witnesses;
• restraining order to prevent elder or dependent adult abuse;
• school violence restraining order; or
• gun violence restraining order from another state;

4. a conviction for a crime that prohibits the purchase and possession of firearms under California law; and
5. a pattern of violent acts or threats within the past 12 months by the respondent directed toward himself/herself or to an individual, group, or location.²

Note: The law defines “recent” as taking place within the past six months.³

The judge may also consider any other relevant evidence that indicates an increased risk for violence, such as:

1. the unlawful and reckless use, display, or flaunting (brandishing) of a firearm, including, but not limited to, acts using electronic means of communication, including social media postings or messages, text messages, or email;
2. non-recent use, attempted use, or threatened use of physical force against another person;
3. a prior arrest for a felony offense;
4. non-recent violation of an emergency domestic violence protective order or emergency stalking protective order;
5. non-recent violation of a:

• domestic violence protective order;
• civil harassment order;
• protection order declaring a minor child a dependent child;
• protection order prohibiting intimidation of witnesses;
• a restraining order to prevent elder or dependent adult abuse;
• school violence restraining order; or
• gun violence restraining order from another state;

6. documentary evidence, such as police reports and conviction records, of recent criminal offenses that involve drugs or alcohol or the ongoing abuse of drugs or alcohol; 
7. evidence of:

• recently getting, or attempting to get, firearms, ammunition, or other deadly weapons;
• recently getting body armor;
• committing stalking;
• committing cruelty to animals;
• oral, electronic, or written threats of violence toward any person or group because of their actual or perceived race or ethnicity, nationality, religion, disability, gender, or sexual orientation;
• intentional defacement, damage, or destruction of another person’s property for the purpose of intimidating or interfering with his/her Constitutional rights due to that person’s actual or perceived race or ethnicity, nationality, religion, disability, gender, or sexual orientation; and
• threats of violence to advance a political objective or to interfere with another person’s Constitutional rights, including via electronic means.⁴

Note: “Non-recent” indicates a time period more than six months ago.

¹ Cal. Penal Code §§ 18125(a)(2); 18150(b)(2); 18175(b)(2)
² Cal. Penal Code § 18155(b)(1), (b)(3)
³ Cal. Penal Code § 18155(b)(3)
⁴ Cal. Penal Code § 18155(b)(2)