Respond to a Request for Gun Violence Restraining Order

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Are You in Danger Now? If you need help right now, call “911.”

You can also call a legal aid or nonprofit in your area.

This section helps you respond to a request for a Gun Violence Restraining Order. Read this introduction to the Gun Violence Restraining Order section to get more information about Gun Violence Restraining Orders and the court process.

What Is a Gun Violence Restraining Order?

A Gun Violence Restraining Order is a court order that prohibits someone from having a gun, ammunition, or magazines.

It can order you to:

  • Not have a gun or ammunition;
  • Not buy a gun or ammunition; and
  • Turn in any guns and ammunition to the police or sell them to or store them with a licensed gun dealer.

If There Is a Temporary Restraining Order Against You

1. Read the orders carefully. If you disobey any order, you can go to jail or be fined.

The orders made against you are on a form called the Temporary Firearms Restraining Order (Form GV-110). The orders on form GV-110 last until your court date. Make sure to follow all the orders, which include that you:​

  • Not own, possess, buy or try to buy a gun or firearm while the order is in effect. 
  • Immediately hand over all your firearms and ammunition to a law enforcement officer. For more information, read  How Do I Turn in, Sell, or Store My Firearms, Ammunition, and Magazines? (Form GV-800-INFO).

2. Decide whether you agree or disagree with the order
First, look at what is being requested. The request is on one of these forms: Form EPO-002 or GV-100.

  • If you agree to having a gun violence restraining order against you, you can voluntarily give up your right to own firearms by completing Consent to Gun Violence Restraining Orders and Surrender of Firearms (Form GV-125).  If you want to use Form GV-125 to give up your rights, you will need to complete it, file it with the court, and serve it on the other side (person asking for the restraining order. Go to Step 2 to see how to file and serve the form. 

    You can also go to your court date and tell the judge that you agree to the orders. To find out when and where your court date is, look at Notice of Court Hearing (Form GV-109).

  • If you disagree and do not want a restraining order against you, you must go to your court date to tell the judge why you disagree. If you do not go to your court date, the judge can grant a restraining order without hearing your side of the story. The restraining order can last up to 5 years. To find out when and where your court date is, look at Notice of Court Hearing (Form GV-109). Before your court date, you can file a written statement to tell the judge why you do not agree to the restraining order. This is called “answering” the restraining order. This is optional and there are no consequences for not completing an answer. 

    Important: If you were arrested recently, charged with a crime, or on probation, it is very important you talk to a lawyer before you complete any form. Anything you say or write in this case can be used against you in a criminal case.

    See the step by step instructions below if you want to answer the restraining order.

Do I need a Lawyer?

You do not need a lawyer for this kind of case but it may be a good idea to hire one, if you can afford to. Having a restraining order against you can have very serious consequences. Click for help finding a lawyer.

Free legal help may be available at your court’s self-help center.
 

Answering the Restraining Order

If you want to file a written statement before your court date, follow these steps:

Step 1. Complete Court Papers

Step 2. File and Serve Your Your Court Papers

Step 3. Prepare for Your Court Hearing (if you have not agreed to the order by filling out GV-125)

Step 4. After Your Court Hearing

Step 1. Complete Court Papers

1. Fill out Response to Petition for Gun Violence Restraining Order (Form GV-120); If you need more space to write your response, use Attached Declaration (Form MC-031). If you have witnesses, ask them to write statements on Form MC-030. You should also ask your witnesses to go with you to your court date. A judge may require that your witnesses testify, in person.

2. Have your forms reviewed before filing
If your court’s self-help center helps people with gun violence restraining orders, ask them to review your paperwork. They can make sure you filled out form GV-120 correctly.

4. Make at least 2 copies of all your forms
One copy will be for you; another copy will be for the person asking for the restraining order. The original is for the court.
 

Step 2. File and Serve Your Court Papers

Once you have filled out all your forms, you have to file them with the court and “serve” (give a copy to) the person who filed the request (the petitioner). Filing and serving (by someone other than you) must be done at least 2 days before your court date (court hearing) to make sure you give the court and the petitioner enough time to review your response. If you cannot do it at least 2 days before the court date, do it as soon as you can.

1. File your Response in court
Take the original and 2 copies of your form (GV-120 or GV-125) to the court clerk to file. The court clerk will keep the original and return both copies to you, stamped “Filed.”

2. Serve the petitioner with a copy of your forms
You must choose someone 18 or older (NOT YOU) to mail or hand-deliver a copy of your Response and any other papers to the petitioner. The person who does this is called the “server” or “process server.” For more help with service, read our section on service of court papers.

3. File your proof of service

  • If your server mailed your court papers, have your server fill out Proof of Service by Mail (Form GV-250) and give it to you. Then, file it with the court and keep a copy for yourself. This form tells the judge that the other person was given a copy of your Response.
     
  • If your server delivered the court papers in person, have your server fill out Proof of Personal Service (Form GV-200) and give it to you. Then, file it with the court and keep a copy for yourself. This form tells the judge that the other person was given a copy of your Response.

If you are unable to file and serve your forms before your court date, bring them with you to your court date anyway.
 

Step 3. Prepare for Your Court Hearing

Tips

Court can be stressful. Here are some things you can do to be prepared:

  • Bring all the court papers you’ve received or completed for this case. If you did not already file your forms with the court, take an original and 2 copies of all your papers, including the Proof of Service, with you to the hearing. If there are any other documents you have as evidence, you must bring three copies of each piece of evidence with you to your court date. One copy is for you, one is for the other side (petitioner) and one is for the court.
  • You can bring witnesses to your court date. Witnesses may or may not be allowed to speak, but you can also bring a witness’s written statement (declaration) of what he or she saw or heard. You can use a Declaration (Form MC-030) for any statements of witnesses that support your side of the story. You should file and serve witness statements at the same time that you file your Response to Petition for Gun Violence Restraining Order (Form GV-120). If you do not have time to file them ahead of time, then take the original plus 2 copies to your court hearing.
  • If you do not speak English well, ask the clerk for an interpreter for your hearing date. Get tips to help you work with a court interpreter.
  • If you are deaf, hard-of-hearing, or have another disability, ask for an interpreter or other accommodation. For more information for persons with disabilities and a form to ask for an accommodation.
    • You can make notes and read from them at your court date. Use your notes to make sure you tell the judge about everything you disagree with.

What to Expect in Court

There may be other cases set for the same time as your case. This means that you may be in court for several hours. If you have children, make sure to arrange for childcare. Some courts have a childcare center. Call the courthouse to find out if this is available.  

  • Make plans to arrive early. If you are late, the judge may decide on your case without you there.
  • Think about traffic, where to park, or how to get there on public transportation.
  • Write down the phone number of the courtroom clerk. In case of an emergency, you can call and tell the clerk that you may be late.
  • When your courtroom opens, go in and tell the clerk or officer that you are present.
  • Do not sit next to or talk to the petitioner ​

Follow Courtroom Rules

Rules are usually posted outside the courtroom, but here are some common rules:
  • Do not bring food or drinks 
  • Turn off or silence your cell phone 
  • Do not wear a hat or sunglasses on your head
When speaking to the judge:
  • Refer to the judge as “your honor” or Judge 
  • Don’t interrupt anyone who is speaking
  • Wait until it's your turn to speak and let the judge know you want a chance to speak
When your case is called 
When the judge calls your case, you will sit at a table at the front of the courtroom. Someone, usually the bailiff or a clerk, will tell you which table to sit at.
The judge will ask who you are 
The judge will ask you and the other side to say your names. Then, you may be asked to swear to tell the truth. 

The judge will hear from both sides
You and the other side will have a chance to present your case. This is when evidence will be shared and witnesses will testify.
 
The judge will make a decision
If the restraining order is denied, the restraining order case is finished. Any temporary restraining order that was granted should automatically expire right after your court date.
 
If the restraining order is granted, go to Step 4 for more information.
 

Step 4. After Your Court Hearing

Obey the restraining order.

If you do not, you can be arrested or charged with a crime.
 
Get a copy of the restraining order
If you were not at the hearing, someone must personally hand you a copy of the Gun Violence Restraining Order After Hearing  (Form GV-130). If you did go to the hearing, you should get a copy of the Form GV-130 on the day of the hearing or soon after.  If you did not receive a copy of the gun violence restraining order made in court, go to the courthouse to request a copy.
 
Immediately turn in firearms or ammunition
 
• If you own firearms or ammunition, you must sell them to a licensed gun dealer, store them with the licensed dealer, or turn them in to law enforcement, and file proof with the court. This must be done within 24 hours from receiving the order. Then you must file proof that you have done so, with the court. You can use Proof of Firearms, Ammunition, and Magazines Turned In, Sold, or Stored (Form GV-800).  Bring this form to law enforcement or the licensed gun dealer. For more information on what to do, read How Do I Turn in, Sell, or Store My Firearms, Ammunition, and Magazines? (Form-GV-800-INFO).
 

Getting Help

Your court’s self-help center gives free legal help and may be able to answer your questions.

Click for help finding a lawyer.