NOTE: Obtaining a restraining order can be complicated. Seek the advice of an attorney.
This page contains information concerning:
- What Is a Private Postsecondary School Violence Prevention Restraining Order?
- Who Can Apply For a Restraining Order?
- How Does a Private Postsecondary School Apply For a Restraining Order?
- Steps To Take To Get a Restraining Order
- Responding To a Petition for Order Prohibiting Abuse or Program Misconduct - Participant
- Guns and Firearms
- For More Information
What Is a Private Postsecondary School Violence Prevention Restraining Order?
A Private Postsecondary School Violence Prevention Restraining Order protects a student from being subjected to credible threats of violence that could be carried out on the school campus or facility. The procedure is only available to students at private postsecondary institutions.
The court can order a person not to:
- Harass or threaten the student
- Contact or go near the student
- Have a gun
The order can also protect family or household members of the student and other students at the campus or facility.
Who Can Apply For a Restraining Order?
The chief administrative officer of a private postsecondary educational institution, or an officer or employee designated by the chief administrative officer to maintain order on school campus or facility, may request the Restraining Order.
How Does a Private Postsecondary School Apply For a Restraining Order?
Complete the following forms:
- Petition for Private Postsecondary School Violence Orders (SV-100)
- Confidential CLETS Information (CLETS-001)
- Notice of Court Hearing (SV-109)
- Temporary Restraining Order (SV-110)
- Private Postsecondary School Violence Restraining Order After Hearing (SV-130)
- Civil Case Cover Sheet (CM-010)
- Declaration Re: Notice of Temporary Restraining Order (L-0889)
The How Do I Get an Order to Prohibit Private Postsecondary School Violence? (SV-100-INFO) instructions contain step-by-step instructions on completing the forms.
You must file your case at the Justice Center that has venue over the location of the private postsecondary school or where the person you are seeking the Restraining Order resides. The General Information section can provide you with the addresses of the court’s Justice Centers and the cities within their venue. For example if the school is in Anaheim, your case is filed at the North Justice Center in Fullerton.
NOTICE OF REQUEST FOR TEMPORARY RESTRAINING ORDER:
Before filing the forms, you must give written or telephonic "notice" to the respondent of when and where you will be seeking a Temporary Restraining Order, or give the court a good reason why you could not give such notice. The form that you use for this is called "Declaration Re: Notice Temporary Restraining Order (L-0889)" and is included in the forms above.
FILE THE FORMS:
- File the forms in the Civil Division Clerk’s Office.
- There is no filing fee if the person has threatened violence against the student, stalked the student, or acted or spoken in a manner that has placed the student in reasonable fear of violence.
- Obtain conformed copies of the forms from the clerk.
Court hours are Monday-Friday, 8:00am-4:00pm. Final check-in at the Clerk’s Office is 4:00pm. All parties should appear in the Civil Division Clerk’s Office or Self-Help Center no later than 3:30pm to complete the paperwork. Note: the Self-Help Center closes at 3:00pm on Fridays. If the Self-Help Center is closed, the Clerk’s Office can assist you.
Steps To Take To Get a Restraining Order
The How Do I Get an Order to Prohibit Private Postsecondary School Violence? (SV-100-INFO) provides the steps to take next.
- How to serve the papers (read What is Proof of Personal Service (SV-200-INFO) ).
- How to file the Proof Of Personal Service (SV-200) .
- You are entitled to free service by the Orange County Sheriff if the order is based on a credible threat of violence or stalking. Check section 11 on the Temporary Restraining Order. Complete the Sheriff Instruction form (OCSD1) . The clerk will forward the documents to the Sheriff.
- Provide a copy of the Temporary Restraining Order to police.
- Information about the court hearing.
- Information about the Permanent Restraining Order.
Responding To a Petition for Order Prohibiting Abuse or Program Misconduct-Participant
If you are served with a "Petition for Private Postsecondary School Violence Restraining Orders (SV-100)", "Notice of Court Hearing (SV-109)", and "Temporary Restraining Order (SV-110)", you should do the following:
- Seek legal advice immediately. This website contains lawyer referral information.
- Read the How Can I Respond to a Petition for Orders to Stop Private Postsecondary School Violence Restraining Orders? (SV-120-INFO) .
- Obey the Restraining Order.
- Review all of the documents that you were served with.
- If you want to oppose the Petition, fill out a Response to Petition for Private Postsecondary School Violence Restraining Orders (SV-120) .
- Have someone other than yourself over the age of 18 give or mail a copy of your response to the attorney,
- Have that person complete a Proof of Service of Response by Mail (SV-250) ,
- File the original Response and Proof of Personal Service with the court before the hearing date, and
- Pay a filing fee. If you cannot afford the filing fee, you can ask the court to waive the filing fee. You can read more about fee waivers.
Guns and Firearms
The judge may order that the restrained person not own, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while a Restraining Order is in effect. If a restrained person violates this order, it can result in jail and/or $1,000.00 fine. The restrained person must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that he/she has or control in accordance with the order of the court. If the court makes this order, the restrained person must comply and then file Proof of Firearms Turned In or Sold (SV-800) . For more information, read How Do I Turn In or Sell My Firearms? (SV-800-INFO) . If the restrained person does not obey the court order, he or she can be charged with a crime.