Los Angeles Restraining Orders and Firearms Defense Attorney

A protective order can derail a career in seconds. For Los Angeles professionals who are required to carry a firearm, police officers, deputy sheriffs, probation and parole officers, military personnel, security guards, armored-car drivers, executive protection specialists, outdoor sporting guides, and certain federal contractors, the loss of gun rights is more than an inconvenience. It is a direct threat to livelihood, pension, and professional certification. At Kraut Law Group Criminal & DUI Lawyers, Inc., our criminal defense team crafts aggressive, detail-oriented strategies that keep your freedom and paychecks intact when a restraining order looms.

California maintains some of the nation’s strictest gun-control rules. When a Los Angeles court issues even a temporary restraining order, Penal Code § 29825 (disobeying a court firearm prohibition) and Code of Civil Procedure § 527.9 (firearm relinquishment) come into play. Federal law also jumps in: 18 U.S.C. § 922(g)(8) bars possession whenever a qualifying protective order exists.

• Automatic firearm ban: Temporary Restraining Orders (TROs) and Emergency Protective Orders (EPOs) trigger a 24-hour deadline to surrender, sell, or store every gun you own, including duty weapons issued by your employer.
• Loss of ammunition and parts: Once the order is issued, California treats magazines, frames, and even certain “precursor parts” as contraband.
• Zero-tolerance enforcement: A single overlooked revolver in a locked safe can lead to felony charges for unlawful possession, jeopardizing peace officer standards, security guard registrations, and federal clearance.
• State-to-federal data flow: California’s Armed Prohibited Persons System (APPS) flags you in the National Instant Criminal Background Check System (NICS), preventing new firearm purchases in all 50 states.

• Domestic Violence Restraining Orders (DVROs): Allegations of intimate-partner abuse, stalking, or harassment under Family Code § 6203 create an immediate TRO followed by a hearing within 21 days.
• Civil Harassment Orders: Neighbors, former friends, or casual acquaintances can petition under Code Civ. Proc. § 527.6 for alleged threats or violence.
• Workplace Violence Orders: Employers may seek protection for employees under Code Civ. Proc. § 527.8, often after an HR complaint.
• Elder or Dependent-Adult Abuse Orders: Welfare & Institutions Code § 15657.03 allows swift relief for financial or physical abuse claims.
• Gun Violence Restraining Orders (GVROs): Under Penal Code § 18100 et seq., family, roommates, or law enforcement can request an order solely to remove firearms from someone deemed a risk.

Each category carries the same immediate gun prohibition, regardless of whether the underlying accusation is later disproven.

• Mandatory suspension: Law-enforcement agencies and licensed security firms must place any employee without firearm privileges on unpaid leave or desk duty, often triggering Internal Affairs or BSIS investigations.
• Credential revocation: A valid California Guard Card, exposed firearm permit, POST certification, or Federal Law Enforcement Training Center credential can be suspended once a restraining order appears in CLETS.
• Union complications: Peace Officers Research Association of California (PORAC) and other unions require prompt notification; missing the timeline may forfeit grievance rights.
• Retirement loss: CalPERS and LACERA safety classifications depend on continuing active status; extended desk duty can change your pension tier.
• Security-clearance impact: Contractors under the Defense Counterintelligence and Security Agency face adverse clearance determinations for any active restraining order.

California recognizes that some professionals cannot perform their duties without a firearm. Section 527.9(f) permits a court to carve out a limited exception so you may lawfully possess a specified work weapon during scheduled shifts. Securing the exemption, however, is a minefield:

• Burden of proof: The restrained party must demonstrate that continued employment “depends on carrying a firearm.” Detailed job descriptions, POST manuals, or BSIS requirements should be submitted under oath.
• Psychological evaluation: Courts routinely order an assessment under Evidence Code § 730. The evaluator must conclude that you are not a danger to the protected person or the public.
• Narrow tailoring: Judges often restrict the exemption to a single serialized duty firearm, which is allowed only “while on active assignment and in uniform,” with mandatory storage at the station armory when off shift.
• Employer cooperation: A sworn HR director or commanding officer declaration carries more weight than a defense recital. Employers must state that termination is imminent, absent the exemption.
• Timeline traps: If the evaluation or employer letter is not ready at the first hearing, the judge must enforce a blanket prohibition. Continuances rarely exceed 21 days, so preparation before service of process is critical.

• Move fast: Retain counsel immediately upon notice of the petition; evidence, surveillance footage, and electronic messages deteriorate quickly.
• Lock down social media: Screenshots of heated posts are Exhibit A for petitioners. A digital forensics sweep preserves favorable context while preventing spoliation accusations.
• Gather character witnesses: Fellow officers, supervisors, and union reps can testify to your safety record and de-escalation training.
• Document training and awards: POST certificates, marksmanship commendations, and use-of-force reviews help illustrate responsible gun handling.
• Prepare a relinquishment plan: Even with an exemption request, have a receipt from an FFL or law-enforcement agency showing compliance; courts view voluntary surrender favorably.
• Challenge hearsay: Under People v. Sanchez (2016) 63 Cal.4th 665, expert reliance on inadmissible hearsay is limited—a powerful tool to exclude unverified rumor testimony.
• Consider a stay-away agreement: In some cases, negotiating a mutual no-contact stipulation without firearm terms may satisfy the petitioner and preserve your job.

• “It’s only temporary so that I can ignore it.” A TRO is enforceable when you are served; violating it is a misdemeanor or felony under Penal Code § 273.6 even if the later hearing is won.
• “My department will automatically back me.” Many agencies adopt a “firearm zero-tolerance” policy to limit liability; command staff may suspend you first and ask questions later.
• “Federal law doesn’t apply if the order is civil.” The Gun Control Act covers civil and criminal protective orders alike, provided the protected party is an intimate partner, child, or co-parent.
• “I can transfer my guns to a relative.” Transfers must go through a licensed dealer; gifting to family without DROS is illegal, and picking them up later remains prohibited until the order terminates.
• “Winning the criminal case automatically ends the restraining order.” Criminal dismissal does not dissolve a parallel civil order; separate motions to terminate or modify are required.

• Penal Code § 29800 (felon or certain misdemeanor offenders in possession) triggers a lifetime ban if the original arrest escalates to a felony.
• Penal Code § 30305 (ammunition possession) carries the same penalties as possessing a gun and is frequently charged when police find stray rounds.
• Family Code § 3044 creates a rebuttable presumption against child custody for anyone with a DVRO, jeopardizing personal life and security-clearance investigations.
• Firearm enhancements under Penal Code § 12022.5 add years in state prison if a gun is used in a future offense while a restraining order is active.

• Led by former Deputy District Attorney Michael Kraut, the insider perspective on prosecution tactics and sentencing trends.
• Over 14 years of prosecutorial experience and decades in defense provide a 360-degree view of courtroom dynamics.
• Strategic relationships with forensic psychiatrists, POST-certified use-of-force experts, and union counsel to streamline the § 527.9(f) exemption process.
• Proven record of restraining-order dismissals, firearm-rights restorations, and outright case rejections across Los Angeles County courthouses.
• Client-focused responsiveness: real-time case updates, evening and weekend strategy calls, and meticulous preparation for every hearing.

A single misstep can convert a temporary firearm ban into a permanent career-ending mark. The sooner your defense begins, the greater the chance of turning back the clock and walking back to work armed, certified, and vindicated. Kraut Law Group Criminal & DUI Lawyers, Inc. stands ready to leverage every procedural safeguard, statutory exemption, and evidentiary challenge to protect what you have earned.

Call day or night for a confidential consultation tailored to your profession and facts. We will quickly draft exemption motions, secure psychological evaluations, and marshal employer declarations before your first court appearance.

Contact the Kraut Law Group Criminal & DUI Lawyers, Inc. at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028 — 888-334-6344 or 323-464-6453.