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File #: 18-203    Version: 1
Type: Form Proposal Status: Passed
File created: 10/5/2018 In control: Judicial Council
On agenda: 11/30/2018 Final action: 11/30/2018
Title: Protective Orders: Gun Violence Restraining Order Forms (Action Required)
Attachments: 1. 20181130-18-203
Title
Title
Protective Orders: Gun Violence Restraining Order Forms (Action Required)

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Summary
Summary
The Civil and Small Claims Advisory Committee recommends revising various Judicial Council gun violence restraining order (GVRO) forms to reflect recently enacted legislative amendments that go into effect January 1, 2019. Senate Bill 1200 (Stats. 2018, ch. 898) prescribes that orders under Penal Code section 18100 et seq. must be referred to as gun violence restraining orders, expands the definition of ammunition to include a magazine, prohibits a filing fee for GVRO forms and documents, requires a law enforcement officer to make a specific request when serving a GVRO, and provides that parties do not need to pay the sheriff for service of a GVRO. The bill also requires a court hearing within 21 days of issuing an emergency protective order to determine if a restraining order after notice and hearing should be issued. The advisory committee recommends that the mandatory forms be revised effective January 1, 2019, so that the forms will be in compliance with the new laws when they become effective.
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Recommendation
Recommendation
The Civil and Small Claims Advisory Committee recommends that the Judicial Council revise the following forms, effective January 1, 2019:

* EPO-002, Gun Violence Emergency Protective Order;
* GV-100, Petition for Gun Violence Restraining Order;
* GV-100-INFO, Can a Gun Violence Restraining Order Help Me?;
* GV-109, Notice of Court Hearing;
* GV-110, Temporary Gun Violence Restraining Order;
* GV-115, Request to Continue Court Hearing for Gun Violence Restraining Order;
* GV-116, Order for Continuance and Notice of New Hearing Date;
* GV-120, Response to Petition for Gun Violence Restraining Order;
* GV-120-INFO, How Can I Respond to a Petition for a Gun Violence Restraining Order?;
* GV-130, Gun Violence Restraining Order After Hearing;
* GV-200, Proof of Personal Service;
* GV-200-INFO, What Is "Proof of Personal Servic...

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