School Violence Restraining Orders in California
This guide can help you:
- Understand who can ask for this type of restraining order
- Follow the process of getting a restraining order
- Learn what you must do if you received restraining order papers
- Find free resources for help with the process
Overview
In California, a school violence restraining order can be granted against someone who has:
- assaulted,
- battered (physically hurt or abused),
- stalked, or
- made a credible threat of violence (by saying or doing things on purpose that have no good reason and would make a reasonable person afraid for their own safety or the safety of their family)
against a student of a postsecondary school (after high school).
⚠️ Only the top school official or a designated safety officer can ask for a school violence restraining order, and they must get the student’s written consent first. If someone has abused, threatened, or harassed you, and you want to file your own restraining order, there are other types of restraining orders you can ask for.
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Example
Victoria is a student at Polytechnic College, a postsecondary technical school. Victoria and another student, Abby, got into an argument. Since then, Abby has followed Victoria around campus, threatened her with a knife, and sent text messages with pictures of a large knife. Victoria reported the threats to the school police, who asked if the school had her permission to ask for a restraining order that would protect her and other students on campus from Abby. Victoria agreed and the school safety officer applied for a school violence restraining order
What can a restraining order do?
A judge can grant a restraining order to protect a student from someone who has made a credible threat of violence against the student or assaulted, physically harmed, or stalked the student. Once a restraining order is in place, the police can be called to enforce the order.
A judge can order an abusive person to:
- Not contact the student and other people protected by the order in any way
- Not harass, stalk, threaten, or harm people protected by the order
- Stay away a certain distance from the student and the school campus
- Not have firearms, ammunition, or body armor
Who can ask for a school violence restraining order?
Only the chief administrative officer (principal, president, or highest-ranking official) or a designated school safety officer from a postsecondary school can ask for a school violence restraining order. Postsecondary schools include colleges, as well as vocational, trade, career, or technical schools.
Who can be protected by a school violence restraining order?
The school official can ask for protection for a student, as well as the student’s family or household members. These protections can also be given to other students at the campus or facility.
Who can be restrained by a school violence restraining order?
A school official can ask for a restraining order against a person who has assaulted, physically harmed, stalked, or threatened violence against a student. Abuse can include threatening violence or repeatedly calling, emailing, or following or stalking a student in such a way that the student reasonably fears for their safety.
A school can't get a restraining order against a corporation or business.
How does a school official ask for a school violence restraining order?
- The school official will need to complete a few court forms.
- The forms will ask for a detailed description of the abuse the student experienced.
- In most counties, the judge will decide whether to grant immediate protection based only on the completed court forms.
- The judge will make this decision the same day the school official turns in the forms, or by the next business day.
- The judge will also schedule a court hearing (court date), about 3-4 weeks from the time the court forms are turned in.
- At the court hearing, the judge will decide whether to grant a long-term restraining order (up to 3 years).
💬 For more information or help with forms, contact your local self-help center or talk to a lawyer.
What if someone asked for a restraining order against me?
If someone has filed court papers to ask for a restraining order against you, carefully read over the papers you were given:
- If you were served with form SV-110 (opens in a new tab), this means the judge granted a temporary restraining order against you. You must follow all the orders granted by the judge. If you don't, you could be arrested and charged with a crime.
- 📅 You will have a court date, which is listed on form SV-109 (opens in a new tab). Make sure to go to your court date if you do not agree to the restraining order.
- At the court date, a judge will decide whether to grant a restraining order against you that can last up to 3 years.
This guide can help you figure out your options to respond and prepare for your case. Respond means to tell the judge if you agree or don't agree to the request for restraining order.
💬 It's possible to go through this process without a lawyer, but having a restraining order against you may have a lot of consequences, so you may want to hire a lawyer. You can also get free help from a court self-help center.
Next steps