Temporary Emergency Gun Violence Restraining Orders can be issued upon request by law enforcement. Per California law, law enforcement can request (petition) a judge to issue this type of gun violence restraining order on an emergency basis if:
(1) The subject of the petition poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition.
(2) A temporary emergency gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject of the petition.
The subject of this restraining order does not have to be present when the order is issues and he/she does not need to get a Notice. If the judge issues this emergency gun violence restraining order, it is in effect for 21 days.
Attorney Timothy Riley can help you with all restraining orders and related issues. Call (619) 500-1289 or contact us here.