Orange County Criminal Lawyers
Private Postsecondary School Violence Restraining Order in California
Students in post-secondary school institutes are sometimes subjected to threats, violence and harassment while on campus grounds. A Private Postsecondary School Violence Restraining Order is issued to protect victims of such threats or violence. Only private institutions can access this type of restraining order. When issued, the restraining order forbids the restrained person from:
- Harassing or threatening the student
- Contacting or being around the student
- Owning or possessing a gun
Family members of the student are also protected while on the facility.Who requests for a restraining order
If you are the institution’s chief administrator or an employee given authority by the chief administrator to oversee security within the institution, you can request for a restraining order in the following situations:
- When a student is faced with a credible threat of violence.
- If a threat has been issued outside the facility but can be carried out or has been carried out at the facility.
- If the conduct of the restrained person was not in line with the behavior allowed under labor dispute laws.
- When the behavior of the restrained person is not protected by the constitution.
For the court to issue a restraining order, you have to fill out these forms:
- SV-100-Petition for Private Postsecondary School Violence Orders
- CLETS-001-Confidential CLETS Information
- SV-109-Notice of Court Hearing
- SV-110-Temporary Restraining Order
- SV-130-Private Postsecondary School Violence Restraining Order after Hearing
- CM-010-Civil Case Cover Sheet
- L-0889-Declaration Re: Notice of Temporary Restraining Order
You should refer to Form SV-100-INFO- “How Do I Get an Order to Prohibit Private Postsecondary School Violence”, in case you need clarity while filling the forms.
If you can’t give written notice or notice by telephone to the restrained person that you will be filing a temporary restraining order, fill up form L-0889-“Declaration Re: Notice of Temporary Restraining Order”, and give the judge a good reason why you couldn’t give notice.
Once you have completed the forms, file them between 8am to 4pm on working days, with the Civil Division Clerk’s Office at a court that has jurisdiction in your location. You can also file the forms at the court’s self-help center. If the student is under credible threat of violence, you will not be required to pay a fee.Serving the restrained persons with the documents
The restrained person has to be served with the papers you file in court, including a temporary restraining order signed by the judge. The judge can order the sheriff to serve the papers at no fee if the order is issued on grounds of stalking or credible threat of violence.
If the judge has checked section 11 in the temporary restraining order, fill in the ‘Sheriff Instruction form (OCSD1)’ and submit to the clerk’s office. If the judge has not checked section 11, you can still fill in the same form and get the sheriff to deliver for a fee.
After the papers have been served, the sheriff has to file Proof of Personal Service (SV-200) with the court.The hearing
During the court hearing, the judge might extend the terms of the restraining order to 3 years by signing form SV 130-“Private Postsecondary School Violence Restraining Order after Hearing”.
Page 4 of Form SV-100-INFO provides further details about what actions to take if the restrained person does not obey the court order. Follow these instructions and in case of any doubt, consult your attorney or the clerk.