Form EPO-002 "Gun Violence Emergency Protective Order (Clets-Egv)" - California

What Is Form EPO-002?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on September 1, 2019;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Available in Spanish;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form EPO-002 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form EPO-002 "Gun Violence Emergency Protective Order (Clets-Egv)" - California

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EPO-002
LAW ENFORCEMENT CASE NUMBER:
GUN VIOLENCE EMERGENCY PROTECTIVE ORDER
1. RESTRAINED PERSON (insert name):
Clerk stamps date here when form is filed.
Address:
F Ht.:
Wt.:
Hair color:
Sex:
M
Eye color:
Race:
Age:
Date of birth:
2. TO THE RESTRAINED PERSON
(Also see important Warnings and Information on page 2):
You are required to surrender all firearms, ammunition, and magazines that you
own or possess in accordance with Section 18120 of the Penal Code and you
may not have in your custody or control, own, purchase, possess, or receive, or
attempt to purchase or receive, any firearm, ammunition, or magazine while this
order is in effect. However a more permanent gun violence restraining order may be
obtained from the court. You may seek the advice of an attorney as to any matter
Fill in court name and street address:
connected with the order. The attorney should be consulted promptly so that the
Superior Court of California, County of
attorney may assist you in any matter connected with the order.
If you have any firearms, ammunition, and magazines, you MUST IMMEDIATELY
SURRENDER THEM if asked by a police officer. If a police officer does not ask you to
surrender any of the above, within 24 hours of getting this order, you must take them to
a police station or a licensed gun dealer to sell or store them and must file a receipt
with the court proving that this has been done. You have 48 hours to file a receipt with
the court shown to the right. If you do not file a receipt within 48 hours you have
Court fills in case number when form is filed.
violated this order and can go to jail.
Case Number:
3. This order will last until:
Time
INSERT DATE
OF 21st CALENDAR DAY (DO NOT COUNT
DAY THE ORDER IS GRANTED)
.
4.
Court Hearing
A court hearing will be set within 21 days
take
:
:
A court hearing will
place at the court above on: Date
Time/Dept
You must go to the court hearing if you do not want this restraining order against you. At the hearing, the judge can make
this order last for up to five years.
5. Reasonable grounds for the issuance of this order exist, and a Gun Violence Emergency Protective Order (1) is necessary because
the Restrained Person poses an immediate danger of causing personal injury to himself or herself or to another by having custody or
control, owning, purchasing, possessing, or receiving any firearms, ammunition, or magazines; and (2) less restrictive alternatives
were ineffective or have been determined to be inadequate or inappropriate under the circumstances.
6. Judicial officer (name):
granted this order on (date):
at (time):
APPLICATION
7. Officer has a reasonable cause to believe that the grounds set forth in item 5, above, exist (state supporting facts and dates;
specify weapons—number, type and location):
Firearms were
observed
reported
searched for
seized.
8.
Ammunition (including magazines) was
observed
reported
searched for
seized.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
By:
(SIGNATURE OF LAW ENFORCEMENT OFFICER)
(PRINT NAME OF LAW ENFORCEMENT OFFICER)
Agency:
Telephone No:
Badge No:
Address:
PROOF OF SERVICE
9. I personally delivered copies of this Order to the restrained person name in item 1.
Date of service:
Time of service:
Address:
10. At the time of service, I was at least 18 years of age.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF SERVER/LAW ENFORCEMENT OFFICER)
(SIGNATURE OF SERVER)
Judicial Council of California,
www.courts.ca.gov
Gun Violence Emergency Protective Order (CLETS-EGV)
Page 1 of 2
Rev. September 1, 2021, Mandatory Form
ONE copy to court, ONE copy to restrained person, ONE copy to issuing agency
Penal Code, § 18125 et seq.
EPO-002
LAW ENFORCEMENT CASE NUMBER:
GUN VIOLENCE EMERGENCY PROTECTIVE ORDER
1. RESTRAINED PERSON (insert name):
Clerk stamps date here when form is filed.
Address:
F Ht.:
Wt.:
Hair color:
Sex:
M
Eye color:
Race:
Age:
Date of birth:
2. TO THE RESTRAINED PERSON
(Also see important Warnings and Information on page 2):
You are required to surrender all firearms, ammunition, and magazines that you
own or possess in accordance with Section 18120 of the Penal Code and you
may not have in your custody or control, own, purchase, possess, or receive, or
attempt to purchase or receive, any firearm, ammunition, or magazine while this
order is in effect. However a more permanent gun violence restraining order may be
obtained from the court. You may seek the advice of an attorney as to any matter
Fill in court name and street address:
connected with the order. The attorney should be consulted promptly so that the
Superior Court of California, County of
attorney may assist you in any matter connected with the order.
If you have any firearms, ammunition, and magazines, you MUST IMMEDIATELY
SURRENDER THEM if asked by a police officer. If a police officer does not ask you to
surrender any of the above, within 24 hours of getting this order, you must take them to
a police station or a licensed gun dealer to sell or store them and must file a receipt
with the court proving that this has been done. You have 48 hours to file a receipt with
the court shown to the right. If you do not file a receipt within 48 hours you have
Court fills in case number when form is filed.
violated this order and can go to jail.
Case Number:
3. This order will last until:
Time
INSERT DATE
OF 21st CALENDAR DAY (DO NOT COUNT
DAY THE ORDER IS GRANTED)
.
4.
Court Hearing
A court hearing will be set within 21 days
take
:
:
A court hearing will
place at the court above on: Date
Time/Dept
You must go to the court hearing if you do not want this restraining order against you. At the hearing, the judge can make
this order last for up to five years.
5. Reasonable grounds for the issuance of this order exist, and a Gun Violence Emergency Protective Order (1) is necessary because
the Restrained Person poses an immediate danger of causing personal injury to himself or herself or to another by having custody or
control, owning, purchasing, possessing, or receiving any firearms, ammunition, or magazines; and (2) less restrictive alternatives
were ineffective or have been determined to be inadequate or inappropriate under the circumstances.
6. Judicial officer (name):
granted this order on (date):
at (time):
APPLICATION
7. Officer has a reasonable cause to believe that the grounds set forth in item 5, above, exist (state supporting facts and dates;
specify weapons—number, type and location):
Firearms were
observed
reported
searched for
seized.
8.
Ammunition (including magazines) was
observed
reported
searched for
seized.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
By:
(SIGNATURE OF LAW ENFORCEMENT OFFICER)
(PRINT NAME OF LAW ENFORCEMENT OFFICER)
Agency:
Telephone No:
Badge No:
Address:
PROOF OF SERVICE
9. I personally delivered copies of this Order to the restrained person name in item 1.
Date of service:
Time of service:
Address:
10. At the time of service, I was at least 18 years of age.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date:
(TYPE OR PRINT NAME OF SERVER/LAW ENFORCEMENT OFFICER)
(SIGNATURE OF SERVER)
Judicial Council of California,
www.courts.ca.gov
Gun Violence Emergency Protective Order (CLETS-EGV)
Page 1 of 2
Rev. September 1, 2021, Mandatory Form
ONE copy to court, ONE copy to restrained person, ONE copy to issuing agency
Penal Code, § 18125 et seq.
EPO-002
GUN VIOLENCE EMERGENCY PROTECTIVE ORDER
WARNINGS AND INFORMATION
TO THE RESTRAINED PERSON: You are prohibited from owning, possessing, purchasing, receiving, or
attempting to purchase or receive a firearm, ammunition, or a magazine. (Pen. Code, § 18125 et seq.) A violation
of this order is a misdemeanor punishable by a $1,000 fine or imprisonment for six months or both. (Pen. Code,
§§ 19, 18205.)
Within 24 hours of receipt of this order, you must turn in all firearms, ammunition, and magazines to a law
enforcement agency or sell them to or store them with a licensed firearms dealer until the expiration of this order.
(Pen. Code, § 18125 et seq.) A receipt proving surrender, sale, or storage must be filed with the court within 48
hours of receipt of this order, or on the next court business day if the 48-hour period ends on a day when the
court is closed. You must also file the receipt with the law enforcement agency that served you with this Order.
You may use Form GV-800, Proof of Firearms, Ammunition, and Magazines Turned In, Sold, or Stored.
This Gun Violence Emergency Protective Order is effective when made. It will last until the date and time in item
3 on the front. The court will hold a hearing within 21 days to determine if a longer-term order should be issued. If
the date and time are not stated in item 4 on the front, you will get a notice with the date and time of the hearing
in the mail at the residential address listed on page 1 of this form. If you would like to respond to this order in
writing you must use Form GV-020, Response to Gun Violence Emergency Protective Order. A family member,
employer, coworker, teacher, or school administrator may also seek a more permanent restraining order from the
court.
If you violate this order, you will also be prohibited from having in your custody or control, owning, purchasing,
possessing, or receiving, or attempting to purchase or receive, a firearm, ammunition, or magazine for an
additional five-year period, to begin on the expiration of the more permanent gun violence restraining order.
(Pen. Code, § 18205.)
This protective order must be enforced by all law enforcement officers in the state of California who are aware of
it or shown a copy of it. The terms and conditions of this order remain enforceable regardless of the acts or any
agreement of the parties; it may be changed only by order of the court.
A LA PERSONA RESTRINGIDA: Tiene prohibido ser dueño de un arma de fuego, municiones o cargadores, o poseer,
comprar, recibir, o tratar de comprar o recibir un arma de fuego, municiones o cargadores. (Código Penal, §§ 18125 y
siguientes). Una violación de esta orden está sujeta a una multa de $1000 o encarcelamiento de seis meses o ambos. (Código
Penal, §§ 19 y 18205.)
Dentro de las 24 horas de recibir esta orden, tiene que entregar sus armas de fuego, municiones y cargadores a una agencia
del orden público o venderlos a un comerciante de armas autorizado, o almacenarlos con el mismo hasta el vencimiento de
esta orden. (Código Penal, §§ 18125 y siguientes). Se tiene que presentar a la corte una prueba de haberlos entregado,
vendido, o almacenado dentro de las 48 horas de recibir esta orden. Se puede usar el formulario GV-800, Prueba de entrega,
venta o almacenamiento de armas de fuego, municiones y cargadores, por este propósito.
Esta orden de protección de emergencia de armas de fuego entra en vigencia en el momento en que se emite. Durará hasta la
fecha y hora indicadas en el punto 3 de la primera página. Se realizará una audiencia dentro de 21 días para determinar si es
necesario emitir una orden que dure por más tiempo. Si la fecha y la hora no se indican en el punto 4 de la primera página,
recibirá un aviso con la fecha y la hora de la audiencia por correo a la dirección residencial indicada en la primera página. Si
desea responder a esta orden por escrito, tiene que usar el formulario GV-020, Respuesta a la orden de protección de
emergencia de armas de fuego. Un miembro de su familia, su empleador, un colega del trabajo, un maestro o profesor, o
administrador educativo también puede solicitar al tribunal una orden de restricción más permanente.
Si contraviene esta orden de restricción, se le prohibirá tener en su posesión o control, comprar, poseer o recibir, o tratar de
comprar o recibir un arma de fuego, municiones o cargadores por otro periodo de cinco años más, comenzando a partir del
vencimiento de la orden de restricción de armas de fuego más permanente. (Código Penal, § 18205.)
Todo agente del orden público del estado de California que tenga conocimiento de la orden o a quien se le muestre una copia
de la misma deberá hacer cumplir esta orden de protección. Los términos y condiciones de esta orden se podrán hacer cumplir
independientemente de las acciones de las partes; solo la corte podrá cambiar esta orden.
To law enforcement: The Gun Violence Emergency Protective Order must be served on the restrained person by the officer if the
restrained person can reasonably be located. Ask the restrained person if he or she has any firearms, ammunition, or magazines in his
or her possession or under his or her custody or control. A copy must be filed with the court as soon as practicable, but not later than
three court days, after issuance, so a hearing can be set, if one was not already scheduled. If the court did not give you a hearing date
when issuing the order (to put in item 4 on the front), the court will set a hearing within 21 days and will provide you with notice of the
hearing. Also, the officer must have the order entered into the computer database system for protective and restraining orders
maintained by the Department of Justice.
The provisions in this temporary Gun Violence Emergency Protective Order do not affect those of any other protective or restraining
order in effect, including a criminal protective order. The provisions in another existing protective order remain in effect.
GUN VIOLENCE EMERGENCY PROTECTIVE ORDER (CLETS-EGV)
EPO-002 [Rev. September 1, 2021]
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