Title
Title
Rules and Forms | Protective Orders: Revisions to Gun Violence Restraining Order Forms (Action Required)
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Summary
Summary
The Civil and Small Claims Advisory Committee recommends the adoption and revision of numerous gun violence restraining order forms. These new and revised forms implement Assembly Bill 2870 (Stats. 2022, ch. 974) permitting additional categories of individuals to petition for gun violence restraining orders. The proposed forms also bring the language describing firearm parts on gun violence restraining order forms in line with other protective order forms, include new forms that can be used to request continuance of a hearing to renew a gun violence protective order, and clarify that no additional service is required for enforcement if the respondent attends the hearing where the order was issued, whether attending in person or remotely.
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Recommendation
Recommendation
The Civil and Small Claims Advisory Committee recommends that the Judicial Council, effective January 1, 2024, take the following actions, to implement Assembly Bill 2870 in gun violence restraining order forms, revise the language used to describe firearm parts, add forms related to continuances, and clarify when further service is not required for enforcement:
1. Adopt the following forms:
• Request to Reschedule Hearing to Renew Restraining Order
(form GV-715); and
• Order to Reschedule Hearing to Renew Restraining Order
(form GV-716).
2. Revise the following forms:
• Gun Violence Emergency Protective Order (form EPO-002);
• Response to Gun Violence Emergency Protective Order (form GV-020);
• How Can I Respond to a Gun Violence Emergency Protective Order? (form GV-020-INFO);
• Gun Violence Restraining Order After Hearing on EPO-002
(form GV-030);
• Petition for Gun Violence Restraining Order (form GV-100);
• Can a Gun Violence Restraining Order Help Me? (form GV-100-INFO);
• Notice of Court Hearing (form GV-109);
• Temporary Gun Violence Restraining Order (form GV-110);
• Request to Continue Court Hearing for Gun Violence Restraining Order (form GV-115);
• Response to Petition for Gun Violence Restraining Order (form GV-120);
• How Can I Respond to a Petition for a Gun Violence Restraining Order? (form GV-120-INFO);
• Consent to Gun Violence Restraining Order and Surrender of Firearms (form GV-125);
• Gun Violence Restraining Order After Hearing or Consent to Gun Violence Restraining Order (form GV-130);
• Response to Request to Terminate Gun Violence Restraining Order
(form GV-620);
• Request to Renew Gun Violence Restraining Order (form GV-700);
• Notice of Hearing on Request to Renew Gun Violence Restraining Order (form GV-710);
• Order on Request to Renew Gun Violence Restraining Order
(form GV-730);
• Receipt for Firearms, Firearm Parts, Ammunition, and Magazines
(form GV-800); and
• How Do I Turn In, Sell, or Store My Firearms, Firearm Parts, Ammunition, and Magazines? (form GV-800-INFO).