Gun Violence Restraining Orders Lawyer San Jose
Gun violence is a serious problem in San Jose, as it is throughout the state. Helpfully, California has developed many tools to limit the ability of dangerous people to have a gun in their possession. One tool is the Gun Violence Restraining Order, or GVRO. This is a court order enforceable against someone deemed a threat.
Unfortunately, the GVRO process is open to abuse. Some people end up subject to a GVRO, which means they must turn over all firearms, and they can be prosecuted if they violated the order. California has included some protections for those subject to an order, but anyone facing a GRO needs an attorney.
Call Knight Law to discuss a restraining order. We can help family members request a GVRO from a court where they suspect a family member is dangerous. Or we can help someone subject to a GVRO dissolve the order take other action. Contact us to schedule a free consultation.
Who Can Request a GVRO?
The law allows only specific individuals to request this restraining order, including:
- Law enforcement
- Immediate family members, e.g., spouse, child, parent, or anyone who has regularly lived with the individual restrained. Usually, domestic violence is involved in family member situations.
- Employers
- Coworker with regular contact
- Employee at a school the restrained individual attended
As you can see, not anyone can request a GVRO. Law enforcement knows how to request their own restraining orders, but we can help family members, employers, and others if they believe someone they know is a danger. A judge can grant an emergency GVRO without a hearing.
Your Obligations if Subject to a GVRO
If a judge grants a GVRO against you, then you must turn over all firearms and ammunition to the police. The restraining order will also prohibit you from purchasing or even possessing other firearms. Should you violate any condition of the GVRO, a judge can take additional action against you, including sending you to jail. You can also face a criminal charge.
Contact a San Jose criminal defense lawyer immediately. A judge can grant an emergency GVRO, but you are entitled to a hearing before a temporary or permanent order is put in place. We can represent you by presenting your side of the story at the hearing.
For example, you might not be an immediate threat or danger to anyone else. Let your lawyer determine the best strategy for preventing a GVRO or defending you against any allegations you violated the order.
A GVRO can last up to 5 years. We can fight to protect your constitutional right to keep your firearms, but you should act quickly.
Call to Speak with a Seasoned Attorney
Knight Law built its reputation providing zealous criminal defense to members of the San Jose community. We are not afraid to hold the state to its burden of proof. Contact us to schedule your free consultation.
