Form GV-030 "Gun Violence Restraining Order After Hearing on Epo-002" - California

What Is Form GV-030?

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, 2020;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form GV-030 by clicking the link below or browse more documents and templates provided by the California Superior Court.

ADVERTISEMENT
ADVERTISEMENT

Download Form GV-030 "Gun Violence Restraining Order After Hearing on Epo-002" - California

Download PDF

Fill PDF online

Rate (4.8 / 5) 15 votes
Page background image
Gun Violence Restraining Order
Clerk stamps date here when form is filed.
GV-030
After Hearing on EPO-002
The court will complete this form.
Requesting Agency or Officer
1
(A petition may be filed in the name of the law enforcement agency
in which the officer is employed.)
Law enforcement agency or officer that applied for the Gun Violence
Emergency Protective Order:
Fill in court name and street address:
Superior Court of California, County of
Restrained Person
2
Full Name:
Lawyer (if there is one for this case):
Name:
State Bar No.:
Firm Name:
Court fills in case number when form is filed.
Address:
Case Number:
City:
State:
Zip:
Telephone:
Fax:
Email Address:
Description of Restrained Person
Sex:
M
F Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address:
State:
Zip:
City:
Expiration Date
3
This order expires at:
a.m.
p.m.
midnight on
(date):
(Time):
If no expiration date is written here, this order expires one year from the date of issuance.
4
Hearing
a.
There was a hearing on
(date):
at (time):
in Dept.:
Room:
.
(Name of judicial officer):
made the orders at the hearing.
b.
These people were at the hearing:
(1)
The officer or representative of the Requesting Agency
Lawyer for the Restrained Person (name):
The Restrained Person
(2)
This is a Court Order.
Gun Violence Restraining Order
Judicial Council of California, www.courts.ca.gov
GV-030,
Page 1 of 5
Rev. September 1, 2020, Mandatory Form
After Hearing on EPO-002
Penal Code, § 18170 et seq.
Approved by DOJ
(CLETS-HGV) (Gun Violence Prevention)
Gun Violence Restraining Order
Clerk stamps date here when form is filed.
GV-030
After Hearing on EPO-002
The court will complete this form.
Requesting Agency or Officer
1
(A petition may be filed in the name of the law enforcement agency
in which the officer is employed.)
Law enforcement agency or officer that applied for the Gun Violence
Emergency Protective Order:
Fill in court name and street address:
Superior Court of California, County of
Restrained Person
2
Full Name:
Lawyer (if there is one for this case):
Name:
State Bar No.:
Firm Name:
Court fills in case number when form is filed.
Address:
Case Number:
City:
State:
Zip:
Telephone:
Fax:
Email Address:
Description of Restrained Person
Sex:
M
F Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address:
State:
Zip:
City:
Expiration Date
3
This order expires at:
a.m.
p.m.
midnight on
(date):
(Time):
If no expiration date is written here, this order expires one year from the date of issuance.
4
Hearing
a.
There was a hearing on
(date):
at (time):
in Dept.:
Room:
.
(Name of judicial officer):
made the orders at the hearing.
b.
These people were at the hearing:
(1)
The officer or representative of the Requesting Agency
Lawyer for the Restrained Person (name):
The Restrained Person
(2)
This is a Court Order.
Gun Violence Restraining Order
Judicial Council of California, www.courts.ca.gov
GV-030,
Page 1 of 5
Rev. September 1, 2020, Mandatory Form
After Hearing on EPO-002
Penal Code, § 18170 et seq.
Approved by DOJ
(CLETS-HGV) (Gun Violence Prevention)
Case Number:
5
Findings
a.
The court finds by clear and convincing evidence that the following are true:
(1) The Restrained Person poses a significant danger of causing personal injury to themself or another
person by having in their custody or control, owning, purchasing, possessing, or receiving firearms,
ammunition, or magazines.
(2)
A gun violence restraining order is necessary to prevent personal injury to the Restrained Person or to
another person because less restrictive alternatives either have been tried and found to be ineffective,
or have been determined to be inadequate or inappropriate for the current circumstances.
(3)
The court has received credible information that the Restrained Person owns or possesses one or
more firearms, ammunition, or one or more magazines.
(4)
The facts as stated in the Gun Violence Emergency Protective Order (form EPO-002) and
supporting documents submitted at the time of the hearing, which are incorporated here by
reference, and for the reasons set forth below, establish sufficient grounds for the issuance of this
Order.
See the attached Attachment (form MC-025)
b.
A gun violence restraining order is not being issued for the reasons below:
This is a Court Order.
Gun Violence Restraining Order
Rev. September 1, 2020
GV-030,
Page 2 of 5
After Hearing on EPO-002
(CLETS-HGV) (Gun Violence Prevention)
Case Number:
6
Order Prohibiting All Firearms, Ammunition, and Magazines
a. You cannot have in your custody or control, own, purchase, possess, or receive, or attempt to purchase or
receive, any firearm or ammunition, including magazines (ammunition feeding devices).
You must:
(1)
Surrender all firearms and ammunition, including magazines, in your custody or control or that you possess
or own. If a law enforcement officer orders you to surrender all of your firearms and ammunition, including
magazines, to the officer, you must do so immediately. If no order to surrender is made by a law enforcement
officer, you must surrender all of your firearms and ammunition, including magazines, within 24 hours of
being served with this Order. You may do so by:
a. surrendering all of your firearms and ammunition, including magazines, in a safe manner to the
local law enforcement agency; or
b. selling all of your firearms and ammunition, including magazines, to a licensed gun dealer; or
c. storing all of your firearms and ammunition, including magazines, with a licensed gun dealer for as
4
long as this Order or any more permanent order granted at the hearing in item
is in effect.
(2)
Within 48 hours of receiving this Order, file a receipt with the court that proves that your firearms and
ammunition have been turned in, sold, or stored. (You may use Proof of Firearms, Ammunition, and
Magazines Turned In, Sold, or Stored (form GV-800) for the receipt.) You must also file a copy of the
receipt with the law enforcement agency that served you with this order. FAILURE TO FILE THIS
RECEIPT IS A VIOLATION OF THIS ORDER.
b.
Order dissolving (terminating) Gun Violence Emergency Protective Order.
The court dissolves (terminates) the Gun Violence Emergency Protective Order (form EPO-002)
(date):
as of (date of hearing):
.
originally issued on
7
Service of Order on the Restrained Person
a.
The Restrained Person personally attended the hearing. No other proof of service is needed. The clerk has
provided the Restrained Person with a blank copy of, Request to Terminate Gun Violence Restraining
Order (form GV-600), if a restraining order was granted.
b.
The Restrained Person did not attend the hearing. The Restrained Person must be personally served with
a
court file-stamped copy of
this order and a blank copy of Request to Terminate Gun Violence Restraining
Order (form GV-600), if a restraining order was granted.
Number of pages attached to this Order, if any:
8
Date:
Judicial Officer
Warnings and Notices to the Restrained Party
This order is valid until the expiration date and time noted on page 1. If you have not done so
already, you must surrender all firearms, ammunition, and magazines that you own or
possess in accordance with Section 18120 of the Penal Code. You may not have in your
custody or control, own, purchase, possess, or receive, or attempt to purchase or receive, any
firearms, ammunition, or magazines while this Order is in effect. Under section 18185, you
have the right to request one hearing per year to terminate this Order during its effective
period. You may seek the advice of an attorney as to any matter connected with the order.
This is a Court Order.
Gun Violence Restraining Order
Rev. September 1, 2020
GV-030,
Page 3 of 5
After Hearing on EPO-002
(CLETS-HGV) (Gun Violence Prevention)
Case Number:
Violation of this Order is a misdemeanor punishable by a $1,000 fine or imprisonment for six
months or both. (Pen. Code, §§ 19, 18205.) If you violate this Order, you will be prohibited
from having in your custody or control, owning, purchasing, possessing, or receiving, or
attempting to purchase or receive, any firearm, ammunition, or magazine for a period of up
to five years. This Order must be enforced by any law enforcement officer in the State of
California who is aware of or shown a copy of this Order. The Order remains enforceable
regardless of the acts of the parties; it may be terminated only by an order of the court.
Instructions for Law Enforcement
Duties of Officer Serving This Order
The officer who serves this order on the Restrained Person must do the following:
Ask if the Restrained Person is in possession of any firearms, ammunition, or magazines or has custody or
control of any that they have not already turned in.
• Order the Restrained Person to immediately surrender to you all firearms, ammunition, and magazines.
• Issue a receipt to the Restrained Person for all firearms, ammunition, and magazines that have been surrendered.
• Complete a proof of personal service and file it with the court. You may use Form GV-200 for this purpose.
• Within one business day of service, submit the proof of service directly into the California Restraining and
Protective Order System (CARPOS), including the serving officer’s name and law enforcement agency.
Duties of Agency on Surrender of Firearms, Ammunition, and Magazines
The law enforcement agency that has received surrendered firearms, ammunition, or magazines must do the following:
• Retain the firearms, ammunition, or magazines until the expiration of this Order or of any other gun violence
restraining order issued by the court.
On the expiration of this order or of any later gun violence restraining order issued by the court, return the firearms
and ammunition to the Restrained Person as provided by chapter 2 of division 11 of title 4 of the Penal Code
(commencing with section 33850). Firearms, ammunition, or magazines that are not claimed are subject to the
requirements of section 34000.
• If someone other than the Restrained Person claims title to any of the firearms, ammunition, or magazines
surrendered, determine whether that person is the lawful owner. If so, return the firearms, ammunition, and
magazines to that person as provided by chapter 2 of division 11 of title 4 of the Penal Code (commencing with
section 33850).
Enforcing This Order
The law enforcement officer should determine if the Restrained Person had notice of the order. Consider the Restrained
Person “served” (given notice) if:
• The officer sees a copy of the proof of service or confirms that the proof of service is on file;
The Restrained Person was informed of the order by an officer; or
Item 7a is checked, the Restrained Person attended the hearing.
This is a Court Order.
Gun Violence Restraining Order
Rev. September 1, 2020
GV-030,
Page 4 of 5
After Hearing on EPO-002
(CLETS-HGV) (Gun Violence Prevention)
Case Number:
Instructions for Law Enforcement
(continued)
An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on
the respondent cannot be verified, the agency must advise the restrained person of the terms of the order and then enforce
.
it
(see above:
Duties of Officer Serving This Order)
The provisions in this Gun Violence Restraining Order After Hearing on EPO-002 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.
(Clerk will fill out this part.)
—Clerk's Certificate—
Clerk’s Certificate
I certify that this Gun Violence Restraining Order After Hearing on EPO-002
(CLETS-HGV) (form GV-030) is a true and correct copy of the original on file in
[seal]
the court.
Date:
Clerk, by
, Deputy
This is a Court Order.
Gun Violence Restraining Order
Rev. September 1, 2020
GV-030,
Page 5 of 5
After Hearing on EPO-002
(CLETS-HGV) (Gun Violence Prevention)
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Print this form
Save this form
Clear this form
Page of 5