Wednesday, August 27, 2014

Private Postsecondary School Violence Restraining Orders

What is a Private Postsecondary School Violence Restraining Order?

A Private Postsecondary School Violence Restraining Order is to protect a student from being subjected to credible threats of violence that could be carried out on the school campus or facility. The chief administrative officer of a private postsecondary education institution, or an officer or employee designated by the chief administrative officer to maintain order on the school campus or facility, may request court orders prohibiting credible threats of violence against a student. These orders, if granted, can last up to three years. The procedure is only available with regard to the students at private postsecondary institutions.

The chief administrative officer asking for this order, on behalf of a student, may file a Request at the William R. Ridgeway Family Relations Courthouse. The Judicial Council provides an informational sheet, How Do I Get an Order to Prohibit Private Postsecondary School Violence? (SV-100-INFO) that describes court orders an administrative officer can get and how to obtain them. The instructions do not cover all of the problems and questions that may arise in a particular case. If you are not clear on how to protect your rights, you should consult an attorney.

Private Postsecondary School Violence Restraining Order Forms

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Filing Fee

You will be required to pay a filing fee when you file your forms with the court. If the Petition contains a credible threat of violence, the judge may decide to waive the fee.

When will I get my order?

If the forms are filed before 2:00 p.m., you will receive your order at 3:45 p.m. the same day. If the forms are filed after 2:00 p.m., then they will be ready for pickup after 3:45 p.m. the next business day. You must go to Window 3 in Room 102 at the William R. Ridgeway Family Relations Courthouse at 3:45 p.m. to receive the judge's decision on your application for a restraining order. If your request is granted, a hearing will be set for you and the other party. It is the responsibility of the petitioner to have the respondent personally served. Proof of service for the respondent must be filed with the court prior to or at the time of the Private Postsecondary School Violence Restraining Order hearing.

How do I get the other party served?

If the party being served lives or works in Sacramento County, the Sheriff can serve the document. There is a Sheriff's Civil Division Office in Room 313 of the William R. Rideway Family Relations Courthouse that is open from 8:30 a.m. to 3:00 p.m., Monday through Friday. They can assist you in getting the other person served. If the person to be served lives and works outside of Sacramento County, contact the sheriff of that county for help.

If you prefer serving the restrained person on your own, ask someone you know to serve (give) a copy of the order to the restrained person. The server must be over 18 and not be one of the parties protected by this order.

What if I can't get the protective order served in time for the hearing or I need a continuance??

You can continue the hearing. There are two ways to continue your court date on your case. If you have been unable to serve the defendant, you will need to obtain a Request to Continue Court Hearing and to Reissue Temporary Restraining Order (SV-115) and a Notice of New Hearing Date and Order on Reissuance (SV-116). This form must be completed and filed along with a copy of your petition for protective order attached to the form prior to 2:00 p.m. on the day before your scheduled hearing.

You may also orally request a continuance in court during your hearing. If your request for continuance is granted, the Judge will sign the Order for Reissuance and set a new hearing date.