Renew a Gun Violence Restraining Order
If you are still concerned and want the firearms restraining order to stay in place, you have to ask the court to “renew” it, which makes it last another 1-5 years.
You must ask the court to renew the restraining order before the current one ends. You may ask as early as three months before the current order ends. See step-by-step instructions below.
Asking to Renew the Gun Violence Restraining Order
1. Fill out two court forms
- Request to Renew Gun Violence Restraining Order (Form GV-700); and
- Notice of Hearing on Request to Renew Gun Violence Restraining Order (Form GV-710).
* Attach a copy of your current order (Form GV-130) to Form GV-700.
2. Have your forms reviewed.
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 it out correctly before you file them.
3. Make at least 2 copies of all your forms.
One copy will be for you, another copy will be for restrained person. The original is for the court.
4. Take your forms to the court clerk.
The clerk will give your forms to a judge for review. Ask the clerk when you should return to pick up your court papers.
5. Pick up your court papers from the clerk.
After your papers are reviewed by a judge, the clerk will give you back copies of your court papers. There will be a court date (court hearing) set for your case. Look at the first page of Form GV-710 for when and where to go. The restraining order will remain in effect until your court date.
6. Figure out your deadline to have the restrained person served.
You will have to have the papers served on the restrained person by the deadline the judge writes on your papers. This is so that the restrained person has a few days to respond to your request and prepare for court.
To find your deadline for service:
- Look at your court date on Item 3 of Form GV-710.
- Look at the number of days written on Item 4 on page 2 of Form GV-710.
- Subtract the number of days in Item 4 from the court date. That is your deadline to serve your papers. (You can always serve before the deadline!).
- Item 4 will also tell you if service by mail is allowed, or if it must be by personal delivery.
7. Have the restrained person served.
If the restrained person must be served personally, ask your local law enforcement agency to serve the restrained person with a copy of:
- Request to Renew Gun Violence Restraining Order (Form GV-700);
- Notice of Hearing on Request to Renew Gun Violence Restraining Order (Form GV-710);
- Your current Gun Violence Restraining Order After Hearing (Form GV-130); and
- A Response to Request to Renew Gun Violence Restraining Order (Form GV-720) (leave blank).
For personal service
Remember, the papers should be served by a law enforcement officer. Do not ask a friend or family member to serve them. And do not attempt to serve them yourself. Do not use a private process server.
For mail service
If the papers may be served by mail, have a person over 18—NOT you—mail the documents listed above to the restrained person. For more help with service, read the section on read the section on service of court papers.
8. File your proof of service.
For personal service
Make sure the law enforcement officer fills out a Proof of Personal Service (Form GV-200) or another form that lists all the forms that were served. The Proof of Service must be filed with the court. Some law enforcement agencies will file the form for you. If you did not receive a copy of the Proof of Service form, check back with the law enforcement agency to see if it was completed and filed. If it was not filed, you will need to get the original copy from the law enforcement agency and file it with the court.
- Make 2 copies of the original Proof of Service.
- Take the original and the copies to the court clerk at least 2 days before your hearing. The clerk will file the original and give you back the copies stamped "Filed."
For mail service
- Make 2 copies of the original form GV-250; and
- Take the original and the copies to the court clerk at least 2 days before your hearing. The clerk will file the original and give you back the copies stamped "Filed."
9. Go to your court hearing.
Your Court Hearing
At the hearing, the judge will decide whether or not to renew the restraining order.
If you are still concerned the restrained person is a danger to themselves or others, let the bailiff know. The bailiff is in charge of security in the courtroom. If the restrained person has disobeyed the order you are trying to renew, make sure you tell the judge and provide any proof or details about the violations.
It will be up to the judge to decide whether or not to renew the restraining order for 1-5 more years.
If the judge does not renew your restraining order then it will expire on the date listed on GV-130. Once it expires your restraining order case is done.
If the judge renews the restraining order at the hearing:
1. Fill out an Order On Request to Renew Gun Violence Restraining Order (Form GV-730), attach the restraining order (Form GV-130) that the judge renewed, and give it to the clerk. The judge will sign Form GV-730 renewing your restraining order. The clerk will file the original and give you copies stamped "Filed."
- The clerk will file the original and give you copies stamped "Filed."
2. Serve the restrained person.
- If the restrained person was not at the hearing, Form GV-730 must be served on the restrained person in person, not by mail. Ask your local law enforcement agency to serve the retrained person. An officer will complete a Proof of Personal Service (Form GV-200) or a another proof of service form and give it to you to file.
- If the restrained person was at the hearing, you do not have to serve the order. You can choose to have someone serve Form GV-730 it by mail. If you do this, ask your server to complete form GV-copy of Form GV-730 by mail. Ask the server to complete a Proof of Service by Mail (Form GV-250) and give it to you to file.
3. File your proof of service.
- Make 2 copies of the completed Proof of Service
- Take the original and the copies to the court clerk. The clerk will file the original and give you back the copies stamped "Filed."
4. Keep 1 copy of the Order on Request to Renew Gun Violence Restraining Order (Form GV-730), with the Gun Violence Restraining Order After Hearing (Form GV-130) and the filed Proof of Service with you at all times. Keep another in a safe place in case you need to show it to the police. Give a copy of your new order to everyone and every place that you want to know about the restraining order.