Close

Virtual and Phone consultations available in all cases.

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.
Filling and filing the forms

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.


Client Reviews
★★★★★
The Johnson Law Group handled a very important and delicate matter with professionalism and a caring manner. Attorneys were knowledgeable, in communications, and provided a top notch service to my need. I highly recommend the Johnson Law Group for your important legal issues. Hardy Jr.
★★★★★
Lauren Johnson-Norris was amazing. She explained everything in ways that were easily understood, & answered all of my question. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson-Norris would be my first recommendation to any of my family or friends similarly in need of legal assistance. Heather
★★★★★
I researched a lot of attorneys and had met with two attorneys before speaking with Ms. Johnson-Norris and retaining her. I was facing serious charges that could not be on my record, due to my job and was really scared. I felt hopeless & thought my life was ruined...until I found Ms. Johnson-Norris… A criminal defense client (drug case)
★★★★★
She is on point. She knows her field well. I have to give credit where credit is due, you deserve it Lauren Johnson-Norris… Anonymous, Victim of Domestic Violence
★★★★★
Lauren Johnson-Norris was my saving grace. I naively thought you were innocent until proven guilty. However, I soon discovered that CPS and family court does not see things that way… Mrs. G, a CPS client