Agree to a gun violence restraining order
- If you want to agree (consent) to the request for a restraining order without a court hearing, you can complete a form and turn it in to the court.
- Agreeing to the restraining order is optional.
- If you don’t agree to the restraining order, you can go to court and tell the judge your side of the story.
- You can also respond in writing (and go to the cout hearing).
Before you start
⚠️ Anything you put in your papers could be used against you in a criminal case. Talk to a lawyer if you have any concerns.
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If you don't have a lawyer, you may be able to get free help from your local court's self-help center.
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Hire a lawyer to help you with all or a part of your case. It’s possible to go through this process without a lawyer. But, having a restraining order against you may have a lot of consequences, and you may want to hire a lawyer.
How to agree (consent) to a restraining order
🔗 All court form links open in a new tab.
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Fill out the Consent form (GV-125)
Agreeing to a restraining order has serious consequences
- It means that you give up the right to own, have, or buy guns or other firearms, firearm parts, ammunition, or magazines.
- The restraining order will be listed in the statewide California Restraining and Protective Order System, where it will be accessible to all law enforcement.
- The restraining order may last up to 5 years, and the person who asked for the restraining order will be able to ask for the restraining order to be renewed.
⚠️ If you were arrested recently, are on probation, have a criminal case open, or have concerns about the effect of agreeing to a restraining order, you should talk to your criminal lawyer before you put anything in writing.
💬 If you don't have a lawyer, you can go to a self-help center to learn more about your options.
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Make copies of your form
- After you’ve filled out and signed the Consent (form GV-125), make 2 copies.
- You'll need the 2 copies, plus the original, when you file with the court.
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File your forms
File your forms:
- In person at the courthouse: Make 2 more copies of your forms.
- Take your original and 2 copies to the courthouse listed on the papers you were served.
- At the courthouse, you’ll give all copies to the court clerk.
- The clerk will keep the original, stamp your copies, and return the copies to you. One copy is for your records. The other copy is for the other side.
- Online: You can file your papers online (called e-filing). Go to your court website to find out how to e-file.
💵 There is no fee to file the Consent form.
- In person at the courthouse: Make 2 more copies of your forms.
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Serve your Consent form by mail
Serving means another adult, not you, mails a copy of your Consent (form GV-125) to the other side.
When choosing your server, find someone who is both:
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18 years old or over
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Not part of your case (example: someone that is not protected on your restraining order)
Your server can be someone you know or a professional process server you hire.
Your server must:
- Mail the GV-125 to the other side, or if the other side has a lawyer, to their lawyer.
- Write down the date they mailed the papers.
- Fill out form GV-250.
- It helps if you fill in the top part of the form with the case and court information.
- Your server can then fill in the information about how, when, and where they mailed the papers.
- Your server must sign and date the form
📬 Use regular first class mail. Don't use certified mail. This requires getting the other person's signature which is sometimes hard to do.
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Copy and file form GV-250
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Make a copy of form GV-250.
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File the original and copy at the courthouse where you filed your Consent form.
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The court will stamp and give you your copy back.
📌 Keep the copy for your records.
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Check the restraining order you get in the mail and obey the orders
The court clerk will fill out the Gun Violence Restraining Order After Hearing or Consent to Gun Violence Restraining Order (form GV-130) and mail a copy to you and the other side.
⚠️ Read the form very carefully and obey the orders listed.
What's next?
If you agree to the restraining order, you must follow certain steps.
- If you have or own any firearms (guns), firearm parts, ammunition, or magazines, you must surrender or sell them.
- If you don't own any prohibited items, you cannot get or buy any until the orders against you end.
