USAFacts reports that gun-related deaths, including homicides, suicides, and accidents, remain a significant public health problem. The American Pediatric Society notes that firearms are the leading cause of death among US children and teens, highlighting the public health crisis aspect of gun violence.
Threats and harassment from an aggressor possibly holding a firearm should trigger you to pursue legal action. You may take protection under a Gun Violence Restraining Order (GVRO) to help prevent danger. It allows a judge to temporarily take away someone’s access to guns if they seem like a risk.
Roseville GVRO lawyer Gary A. Campi says once a temporary GVRO is issued, a hearing will occur within 21 days. If you wish to have the order extend beyond those 21 days, you must attend a court hearing and ask the court to extend it up to the maximum time of one year.
If you’re thinking about filing or responding to a GVRO, a lawyer can guide you through the process and help keep everyone safe.
Understanding Gun Violence Restraining Orders
The Gun Violence Restraining Order is one way for you to seek help when you feel that someone has firearms and poses a danger to your safety.
GVROs temporarily prohibit an individual from possessing firearms if they pose a risk to themselves or others. If the behavior, state of mind, or some relevant action of a person had led you to believe that he/she was dangerous, then you should seek a GVRO.
Filing a petition in court with supporting evidence is required. Upon issuance, the court orders the person to refrain from possessing any firearm for a specified period.
GVROs safeguard individuals by providing a civil-law remedy rather than asking them to seek it themselves. Individuals who perceive danger are empowered by GVROs.
Signs That You Should Consider Legal Help
If you feel that you are in danger and need security, then maybe you should think about hiring a lawyer.
One should take repeated threats, aggressive actions, and violent acts very seriously. Watch out for those who can easily get a gun and who might harm themselves or even other people.
Listen to your gut. If you ever feel unsafe or unsure about your safety, you should take steps to protect yourself. If things get worse or rules are broken, you may require legal help.
In circumstances of domestic violence or divorce, restraining orders are also in effect since one party may feel frightened, harassed, or even harmed by the other.
Legal separation lawyer Christine R. James states any type of abuse should be taken seriously, and you should seek help from a legal professional if you are in an abusive situation.
The Process of Obtaining a GVRO
A GVRO can be acquired if you undergo a legal process. The legal order is intended to keep you and others safe from any possible sources of harm or danger.
Gather evidence proving your threats or violent conduct accusation, such as witnesses’ statements, texts, or police reports. Fill in the requisite court forms, which contain your situation and its relevance to your GVRO request.
Once you file those forms with the court, a judge will review the application and might issue a temporary GVRO if there is immediate danger.
You must then appear at a hearing to present the evidence. The order, if issued, lasts up to five years and provides you with another layer of protection.
How a Lawyer Can Support Your Case
Having a lawyer present can greatly strengthen your case for a GVRO. Lawyers can help you collect and present evidence that backs up your allegations.
An attorney who knows the laws of issuing the GVRO can make arguments that will convince the judge to give the order.
Your lawyer will prepare you for the hearings, practice presenting your evidence, and anticipate potential questions.
They will strengthen your case by opposing any argument presented by the other party. Giving your full trust to your lawyer increases your chances of getting the protective order you need.
What to Expect During Legal Proceedings
Once legal representation has been secured, it is vital to know how the GVRO process works.
The lawyer will first help you gather the evidence against the case and prepare it for trial. You must appear at a court hearing where both sides present their arguments. On your behalf, your lawyer will emphasize the necessity of the order.
You may need to present witnesses who can testify about the threats or incidents that led you to request the GVRO. The judge will then decide whether to grant it, considering the evidence supplied by the concerned parties.
Upon delivering the orders, a court will inform both you and the other individual of the rules to which you must adhere. It is important that you keep your attorney in close contact for the protection of your rights.
