Terminate (End) a Gun Violence Restraining Order

What is “terminating” a Gun Violence Restraining Order?

The Gun Violence Restraining Order After Hearing (Form GV-130) or the Order on Request to Renew Gun Violence Restraining Order (Form GV-730) will have an expiration (end) date on the first page in item 3. That means that on that date, the order will end.

If you want the restraining order to end before the expiration date, you can ask the court to end the restraining order. You may only make such a request once a year.

Asking to End the Restraining Order

To ask the court to end the restraining order:

1. Fill out three court forms 

  • Request to Terminate Gun Violence Restraining Order (Form GV-600);
  • Notice of Hearing on Request to Terminate Gun Violence Restraining Order  (Form GV-610); and
  • Attach a copy of your current Gun Violence Restraining Order After Hearing (Form GV-130) (or Form GV-730) to Form GV-600, if you have it.

2. Have your forms reviewed.
If your court’s self-help center helps people with restraining orders, ask them to review your paperwork. They can make sure you filled it out properly before you move ahead with your case.

3. Make at least 2 copies of all your forms.
One copy will be for you, another copy will be for the petitioner in the case (the person who requested the order be issued). The original is for the court.

4. Take your forms to the court clerk.
The clerk will give your forms to the judge and will file your papers.

5. The clerk or judge will set a hearing date.
The clerk will give you back copies of the papers with a hearing date set on Form GV-610. You must go to the hearing. Form GV-610 will tell you when and where it will be. The restraining order will stay in effect. If you do not go to the hearing, it is almost impossible that the court will end the order.

6. Know your deadline to serve court papers
You will have to have the papers served on the petitioner by the deadline the judge writes on your papers. This is so that the petitioner 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-610.
  • Look at the number of days written on Item 4 on page 2 of Form GV-610.
  • Subtract the number of days in Item 4 from the court date. This 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. Serve the petitioner
Serve the petitioner with a copy of:

  • Request to Terminate Gun Violence Restraining Order (Form GV-600);
  • Notice of Hearing on Request to Renew Gun Violence Restraining Order (Form GV-610); and
  • A blank Response to Request to Terminate Gun Violence Restraining Order (Form GV-620) (for the other person to use to answer).

Remember, someone over 18 — NOT you — can serve the order, in person or by mail. For more help with personal service, read What Is "Proof of Personal Service"? (Form GV-200-INFO). And read the section on service of court papers.

8. File your proof of service
Have your server fill out a Proof of Personal Service (Form GV-200) or Proof of Service by Mail (Form GV-250) and give it to you so you can file it with the court. This form tells the judge that the petitioner was given or sent a copy of the Request to Terminate and the Notice of Hearing. It is very important your server fills out the Proof of Service correctly. 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."

9. Go to your court hearing

Your Court Hearing

At the hearing, the judge will decide whether or not to end the restraining order.

The petitioner may have filed a Response to Request to Terminate Gun Violence Restraining Order (Form GV-620) telling the judge why he or she does not want the restraining order terminated.

If the judge ends the restraining order at the hearing:

1. Fill out an Order On Request to Terminate Gun Violence Restraining Order (Form GV-630), and give it to the clerk. The judge will sign Form GV-630 ending the restraining order.

  • The clerk will file the original and give you copies stamped "Filed."

2. Serve the petitioner.

  • If the petitioner was NOT at the hearing, you must have someone serve Form GV-630 in person or by mail. Look at Item 6 on Form GV-630 to find out how. Ask the server to complete a Proof of Personal Service (Form GV-200) or Proof of Service by Mail (Form GV-250) and give it to you.

  • If the petitioner was at the hearing, you do not have to legally serve him or her with the order, but it is a good idea to do it.  If you choose to, you can have him or her served with a copy of Form GV-630 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 (Form GV-200 or Form GV-250). Mail or take the original and the copies to the court clerk. The clerk will file the original and give you back the copies stamped "Filed."
  • The court will send the Proof of Service and Form GV-630 to law enforcement for you. That way, police across the state know that the restraining order has been ended.

4. Keep 1 copy of Form GV-630, and the filed Proof of Service with you in case you need to show to the police that you no longer have a restraining order against you.