Quick facts
- Where the law is: Penal Code sections 18100 to 18205 (general provisions).
- Cost to file: None. Section 18121 says there is no filing fee for a GVRO petition, response, or related filing.
- Temporary orders: A temporary emergency order expires 21 days after it is issued (section 18125). An ex parte order expires no later than 21 days from the date of the order (section 18155).
- Final order: One to five years, and it can be renewed (sections 18175 and 18190).
- Surrender deadline: Immediately if an officer asks at service, otherwise within 24 hours, with a receipt filed within 48 hours (section 18120).
- Ending it early: The restrained person may ask for a termination hearing once per year (section 18185), using form GV-600.
Who can ask a court for a GVRO?
Only a law enforcement officer can ask for the fastest type, the temporary emergency order (section 18125).
For the other two types, sections 18150 and 18170 list who may file:
- An immediate family member.
- An employer.
- A coworker with at least one year of substantial and regular contact, with the employer's approval.
- An employee or teacher of a secondary or postsecondary school the person attended in the last six months, with an administrator's approval.
- A law enforcement officer.
- A roommate.
- A person in a dating relationship with the subject.
- A person who shares a child with the subject, with at least one year of substantial and regular contact.
Filing a petition with information the filer knows is false, or to harass, is a misdemeanor (section 18200).
What are the three types of GVRO?
| Type | Who asks | Standard | How long |
|---|---|---|---|
| Temporary emergency (sections 18125 to 18148) | Law enforcement officer | Reasonable cause to believe the person poses "an immediate and present danger" | 21 days |
| Ex parte (sections 18150 to 18165) | Anyone on the list above | "Substantial likelihood" of significant danger in the near future | Up to 21 days |
| After notice and hearing (sections 18170 to 18197) | Anyone on the list above | Clear and convincing evidence | 1 to 5 years |
For each type, the court must also find that less restrictive options were tried and failed, or are inadequate or inappropriate.
A judge must grant or deny an ex parte request the same day it is filed, or the next court day if it arrives too late in the day (section 18150). After either short order, the court holds a full hearing within 21 days (sections 18148 and 18165). At that hearing, the person who asked for the order carries the burden of proof (section 18175).
What happens to the restrained person's firearms?
Under section 18120, the court orders the person to surrender all firearms and ammunition. Under section 18100, "ammunition" includes magazines.
- If a law enforcement officer serves the order and asks, the surrender is immediate.
- Otherwise the person has 24 hours to surrender items to a local law enforcement agency, or to sell or transfer them to a licensed firearms dealer.
- Within 48 hours of being served, the person must file the receipt with the court and with the agency that served the order. Missing that deadline is itself a violation of the order.
When the order expires, surrendered firearms are returned under the process that starts at Penal Code section 33850 (section 18120(c)). The Judicial Council's GV-100-INFO form adds that a restrained person also may not own, possess, or buy body armor.
Owning or possessing a firearm or ammunition while knowingly subject to a GVRO is a misdemeanor (section 18205).
How does a restrained person respond or ask to end the order?
- Go to the hearing. A party or witness may appear remotely (section 18123).
- Choose not to contest. The person may file a form giving up firearm rights for the requested period, and the court then issues the order without a hearing (section 18175(d)).
- Ask to terminate. A person under a final order "may submit one written request per year" for a termination hearing (section 18185). The court must end the order if it finds there is no longer clear and convincing evidence supporting it. The form is GV-600, Request to Terminate Gun Violence Restraining Order.
- Renewal. A petitioner may ask to renew during the three months before the order expires. A renewal lasts one to five years (section 18190).
The court forms start with GV-100, the petition. The California Courts Self-Help Guide walks through each step for both sides.
What changed recently
- September 26, 2026AB 1753 signed (Chapter 458). It amends Penal Code sections 18120, 18120.5, and 18205. The chaptered text has no urgency clause, so under the usual rule the changes below start January 1, 2027.
- A person convicted of violating a GVRO on or after January 1, 2027, is barred from firearms for 10 years from the conviction. Convictions before that date keep the current five-year bar that starts when the order expires.
- The compliance review in section 18120.5 will expressly cover ammunition as well as firearms.
- The bill's digest says it also authorizes courts to order record searches, including DOJ firearm records, before a GVRO hearing.
- January 1, 2026The current version of section 18120 and new section 18120.5 became operative (SB 899 of 2024).
- January 1, 2025The latest amendment to section 18155, the list of evidence a court considers, took effect (AB 2917 of 2024).
FAQ
Is a GVRO a criminal charge?
No. Section 18100 calls it a civil restraining order process. Violating the order is a crime.
Does it cost money to file?
No. Section 18121 bars filing fees.
Can a GVRO order someone to stay away from me?
No. The Judicial Council's GV-100-INFO form says the court can only prohibit the listed items. Other restraining order types cover personal protection.
How long does a GVRO last?
Up to 21 days for the two short orders, and one to five years for an order after a hearing.
Can the order be lifted before it expires?
The restrained person can request a termination hearing once a year under section 18185.
Sources
- 1.Penal Code 18100 to 18123 (general provisions)
- 2.Penal Code 18125 to 18148 (temporary emergency order)
- 3.Penal Code 18150 to 18165 (ex parte order)
- 4.Penal Code 18170 to 18197 (order after notice and hearing)
- 5.Penal Code 18200 to 18205 (offenses)
- 6.AB 1753 (Stats. 2026, Ch. 458)
- 7.Judicial Council form GV-100-INFO, Can a Gun Violence Restraining Order Help Me? (Rev. January 1, 2026)
- 8.Judicial Council form GV-100, Petition for Gun Violence Restraining Order
- 9.Judicial Council form GV-600, Request to Terminate Gun Violence Restraining Order
- 10.California Courts Self-Help Guide, Gun Violence Restraining Orders
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