Section 18190 Of Chapter 4. Gun Violence Restraining Order Issued After Notice And Hearing From California Penal Code >> Division 3.2. >> Title 2. >> Part 6. >> Chapter 4.
18190
. (a) (1) An immediate family member of a restrained person or
a law enforcement officer may request a renewal of a gun violence
restraining order at any time within the three months before the
expiration of a gun violence restraining order.
(2) For purposes of this subdivision, "immediate family member"
has the same meaning as in paragraph (3) of subdivision (b) of
Section 422.4.
(b) A court may, after notice and a hearing, renew a gun violence
restraining order issued under this chapter if the petitioner proves,
by clear and convincing evidence, that paragraphs (1) and (2) of
subdivision (b) of Section 18175 continue to be true.
(c) In determining whether to renew a gun violence restraining
order issued under this chapter, the court shall consider evidence of
the facts identified in paragraph (1) of subdivision (b) of Section
18155 and any other evidence of an increased risk for violence,
including, but not limited to, evidence of any of the facts
identified in paragraph (2) of subdivision (b) of Section 18155.
(d) At the hearing, the petitioner shall have the burden of
proving, by clear and convincing evidence, that paragraphs (1) and
(2) of subdivision (b) of Section 18175 are true.
(e) If the renewal petition is supported by clear and convincing
evidence, the court shall renew the gun violence restraining order
issued under this chapter.
(f) The renewal of a gun violence restraining order issued
pursuant to this section shall have a duration of one year, subject
to termination by further order of the court at a hearing held
pursuant to Section 18185 and further renewal by further order of the
court pursuant to this section.
(g) A gun violence restraining order renewed pursuant to this
section shall include the information identified in subdivision (a)
of Section 18180.