How Do I Get An Order To Prohibit Private Postsecondary School Violence {SV-100-INFO} | Pdf Fpdf Doc Docx | California

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How Do I Get An Order To Prohibit Private Postsecondary School Violence {SV-100-INFO} | Pdf Fpdf Doc Docx | California

Last updated: 5/29/2015

How Do I Get An Order To Prohibit Private Postsecondary School Violence {SV-100-INFO}

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SV-100-INFO How Do I Get an Order to Prohibit Private Postsecondary School Violence? These instructions cannot cover all of the questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see a lawyer. What is a private postsecondary school violence protection order? Under California law (Code Civ.Proc., § 527.85), courts can make orders to protect 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 with regard 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; and · Have a gun. These orders will be enforced by law enforcement agencies. Who can be protected under this law? Under this statute, the school officer can obtain a court order on behalf of a student that lasts up to three years. The order can also protect family or household members of the student and other students at the campus or facility who are similarly situated. · A "student" is an adult currently enrolled in or applying for admission to a private postsecondary educational institution. · The "respondent" is the person against whom the school official is requesting the protective order. A school official may seek protection under this law if: 1. The student has suffered a credible threat of violence from any individual; 2. The credible threat of violence, while made off of the campus or facility, can reasonably be construed to be carried out or have been carried out at the school campus or facility; 3. The respondent's conduct is not allowable as part of a legitimate labor dispute as permitted by Code of Civil Procedure section 527.3; and 4. The respondent is not engaged in constitutionally protected activity. Who can get this school violence protection 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 the school campus or facility, may request court orders prohibiting credible threats of violence against a student. These orders must be requested by an officer of the institution that the student attends or is applying to. · A "chief administrative officer" is the principal, president, or highest-ranking official of the private postsecondary educational institution. · A "postsecondary educational institution" is a What forms must be used to get the order? The following forms are needed to start the process: 1. Petition for Private Postsecondary School Violence Restraining Orders (Petition) (Form SV-100). This form tells the judge the facts of the case and what orders the petitioner and student want the court to make. 2. Confidential CLETS Information (Form CLETS-001). This form will provide law enforcement agencies with the information needed to enforce any orders that are granted. 3. Notice of Court Hearing (Form SV-109). This form tells the parties when the hearing on the petition will be held. 4. Temporary Restraining Order (TRO) (Form SV-110). A TRO can be issued to provide protection to the student until the hearing is held. It can be issued by the judge either with or without notice to the respondent. SV-100-INFO, Page 1 of 4 private institution of vocational, professional, or postsecondary education. The statute differs from other California laws that allow victims of unlawful violence or credible threats of violence to ask the court for these orders themselves. If anyone other than a school officer wishes to apply to the court for an order prohibiting harassment, see Can a Civil Harassment Restraining Order Help Me (Form CH-100-INFO)?. Judicial Council of California Revised January 1, 2014, Optional Form Code of Civil Procedure, § 527.85 How Do I Get an Order to Prohibit Private Postsecondary School Violence? (Private Postsecondary School Violence Prevention) American LegalNet, Inc. SV-100-INFO How Do I Get an Order to Prohibit Private Postsecondary School Violence? 4. If you are applying for a TRO, fill out Form SV-110 completely. The Petition and declarations must give the details of the credible threats of violence and the problems they have caused your student. To obtain a TRO, you must notify the respondent of the request for the temporary order unless both of the following requirements are satisfied: a. It appears from facts shown on the petition that great or irreparable injury will result before the matter can be heard on notice; and b. You or your attorney certifies one of the following to the court under oath: (1) That within a reasonable time before presenting the petition to the court to ask for a TRO, you informed the respondent or the respondent's attorney when and where the request for a TRO would be made; (2) That you in good faith attempted but were unable to inform the respondent and the respondent's attorney, specifying the efforts made to contact them; or (3) That for reasons specified, you should not be required to inform the respondent or the respondent's attorney. 5. Take your original completed forms and copies to the clerk's office at the court. You will need at least three copies: one for you, one for the student, and one to serve on the respondent. If there are other persons to be protected by the order, you will need additional copies of the TRO. A protected person will need a copy of the TRO if it is necessary to call the police. The clerk will file the originals, assign a case number, and return the copies "file-stamped" to you. The clerk will write your hearing date on the Notice of Court Hearing (Form SV-109). 6. If you are seeking a TRO (Form SV-110), the clerk will tell you where and how to present your proposed order to a judge for consideration and signature. The court will decide within 24 hours whether or not to make the order. Sometimes the court decides right away. Ask the clerk if you should wait or come back later. If your request for a TRO is granted while you are still at the court, take the signed original back to the clerk to be filed. 5. Private Postsecondary School Violence Restraining Order After Hearing (Order) (Form SV-130). This form is signed by the court following the hearing. The order can last for up to three years depending on what the judge rules. These forms are all mandatory--that is, they must be used in the school vi

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