What is a Gun Violence Restraining Order (GVRO)?
Published on June 23, 2024
Gun Violence Restraining Orders (GVRO), also known as “red flag laws,” allow law enforcement, family and household members, some co-workers, employers and teachers to work with a judge to temporarily remove access to firearms and ammunition from people at significant risk of self-harm or harming others. Research suggests that GVROs have been used successfully to prevent mass harm and they are particularly effective for suicide prevention. However, their use remains uncommon. A 2021 study from UC Davis Health found that although GVROs have been available in California since 2016, two-thirds of the Californians surveyed for the study had never heard of them.
It is the policy of the Culver City Police Department to petition for and serve gun violence restraining orders in compliance with state law. (See Culver City PD Policy Manual, Policy 346.) The Police Department’s Gun Violence Restraining Order Coordinator is responsible for developing, maintaining, and implementing processes and procedures to effect GVROs. The California Judicial Branch webpage (https://www.courts.ca.gov/33679.htm?rdeLocaleAttr=en) has instructions on how to seek a GVRO using one of two methods. A person can go to court directly to ask a judge for a GVRO, using the forms on the Judicial Branch’s webpage or a person can call the police to report someone and based on that report the police can request the court grant a GVRO.
Domestic Violence Danger Assessments and/or Lethality Assessments
According to CityGRIP, “the presence of a gun in a domestic violence situation makes it five times more likely that a victim will be killed. Over half of female homicides for which circumstances were known were related to domestic violence. Domestic violence lethality assessments act to consolidate complex information about an abusive relationship into a single measure or score, with the goal of enabling survivors, law enforcement, and other agencies to take appropriate steps to reduce the risk of future violence or homicide. Research has shown that domestic violence victims tend to perceive a lower risk of violence or underestimate their risk of lethal violence. By using research-based assessment tools, the victim can recognize escalating violence and take protective action. Victims who connect with domestic violence services (e.g., social services and community advocates) reduce their risk of assault significantly. By identifying the most high-risk victims and connecting them to immediate support, agencies can enable victims to make decisions that promote their own future safety.” A quasi-experimental study showed that victims in Maryland’s Lethality Assessment Program (LAP) “engaged in more protective strategies and experienced significantly less frequency and severity of violence in the future compared to victims not using the program.” A 2018 California state bill required the State’s Commission on Peace Officer Standards and Training domestic violence training course to include procedures and techniques for assessing lethality or signs of lethal violence in domestic violence situations, similar to the LAP.
When investigating domestic violence cases, current CCPD guidelines instruct officers to seize any firearms or other dangerous weapons in the home, if appropriate and legally permitted, for safekeeping or as evidence. Officers are also instructed to provide the victim with the department’s domestic violence information handout, even if the incident may not rise to the level of a crime, and alert the victim to any available victim advocates, shelters and community resources. Finally, CCPD guidelines instruct officers to seek or assist the victim in obtaining an emergency order if appropriate. (Culver City PD Policy Manual Policy 312.)