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Guns Make Domestic Violence Deadly

Some domestic violence (DV) situations greatly increase the risk to a victim. In the United States, 53% of female homicides are DV-related. Women murdered by an intimate partner are more likely to be killed with a firearm than by all other means combined.

“High Danger” DV situations risk factors include:

  • Guns. When a perpetrator has access to a gun, it is 20 times more likely that their victim will die by homicide.
  • Strangulation. When a perpetrator “chokes” a victim or blocks their airway, brain injury or death can occur within minutes or days. In addition, the victim’s risk of dying by homicide in the future goes up 750%.
  • Threats. When a perpetrator threatens to kill their victim, it is 15 times more likely that person will be killed.
  • Escalating DV. When incidents of DV increase in number and frequency, the risk of death also grows.
  • Leaving. Attempting to leave an abusive relationship is the most dangerous time for victims.

Domestic Violence Deaths are Preventable:

Connecting with a DV advocate can sometimes be the difference between life and death. Proven prevention and intervention strategies include: having first responders trained in DV lethality risk assessments, participating in safety planning, crisis intervention, and connecting to services like physical and mental health care, emergency shelter, legal help, and other community resources.

1 11 Glass, et al (2008). Non-fatal strangulation is an important risk factor for homicide of women. The Journal of Emergency Medicine, 35(3), 329-335. 2 EFSGV, (2018). Female Homicide in the United States, A Translation of CDC Research. efsgv.org

For Filing Parties:

Domestic Violence Restraining Orders (DVROs, also called Protective Orders) are civil legal orders that tell a person who has harmed an intimate partner or family member what they can and cannot do while the DVRO is in effect.
Every person’s situation is different. A judge reviews each restraining order application and grants orders that will best protect you and your family. If the person who harmed you has firearms, that information is important to share with the judge.
The goal of DVROs is to keep protected people safe. As part of keeping people safe, all restraining orders in California include the legal requirement that the restrained person must give up any guns, gun parts, and ammunition they own, have or control.


How Gun Relinquishment Work:

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  1. Once served with the DVRO, the restrained person must turn in, sell or store their firearms (guns, gun parts and ammunition) within 24 hours, following the instructions on this California Courts page. The form “Receipt for Firearms, Firearm Parts, and Ammunition” (DV800/JV270) must be filed with the court.
  2. The judge must check the case file for proof that guns were turned in, stored or sold.
  3. If proof is not filed within 48 hours of the restraining order being served, the court must:
    • Instruct law enforcement to get the firearms.
    • Inform the District Attorney's Office about the restraining order violation.

Other Types of Restraining Orders

  • Civil Harassment
  • Workplace Violence
  • Emergency Protective Order
  • Elder & Dependent Adult Abuse
  • Criminal Protective Order
  • Gun Violence*

In California, all Restraining Orders include gun relinquishment requirements. To learn more about these types of ROs, visit this California Courts page.

*A Gun Violence Restraining Order restrains a person found to be at risk of harming themself or others only —harm need not yet have occurred, and no protected person or people are named. GVROs can be requested by law enforcement or concerned family and household members. To learn more about GVROs, visit this California Courts page.

For Restrained Persons:

If You Have Been Served With A Restraining Order

The state of California requires that anyone subject to a Restraining Order (RO) turn over, sell or store any firearms they own, possess or control.

If you are under a restraining order, California law SB 320 states that you may not own, possess or control guns, gun parts or ammunition while the RO is in effect. If you have guns, gun parts or ammunition you must, by law, either:

  • Turn these items in to law enforcement, OR
  • Sell or store them with a licensed gun dealer, AND
  • File proof that you have done this with the Court.

You must turn in all guns, gun parts and ammunition within 24 hours of being served with the RO, and file proof with the court within 48 hours of being served. For more information, see this California Courts page. The form “Receipt for Firearms, Firearm Parts, and Ammunition” (DV800/JV270) must be filed with the court.


Don't Wait!

infographic gun violence

The judge will check your file for your relinquishment receipt. If you do not turn in all guns/parts/ammunition, and file the receipt within 48 hours, the judge will tell law enforcement to collect your guns, and tell the District Attorney’s Office that you are in violation of your restraining order. This violation may be filed as a criminal charge and may:

  • Change your access to your children.
  • Result in civil contempt and fines.
  • Result in your arrest.

You can find more information about forms you have received on this California Courts page.