What are Post Secondary School Violence Restraining Orders?
Post Secondary School Violence Restraining Orders allow a private post secondary school too restrain someone who threatened violence against a student or students from the campus. These Restraining Orders can only be requested by an administrative officer or school security officer. They also require that the act of violence must have occurred the campus or the Respondent must have threatened to commit an act of violence on the campus. If the threat to the student or students is not related to the campus, the students must seek a Civil Harassment Restraining Order.
Filing a Request for Post Secondary School Violence Restraining Orders and waiting for a ruling on a Temporary Restraining Order is an all-day process. You may be required to stay at the courthouse the entire time. You should also be prepared to spend the whole day at the courthouse on the day of your hearing. After you receive a decision regarding a Temporary Restraining Order, you will need to personally serve the other party (the “Respondent”) with a Notice of Hearing, the Temporary Restraining Order, and you Request for Post Secondary School Violence Restraining Orders. This must be done more than five days before the court hearing and by an adult, over the age of 18, who is not you. If your Temporary Restraining Order is not granted an you intend move forward with the case you must still have the Respondent personally served.
In San Diego County, most Restraining Orders qualify for free service by the San Diego Sheriff’s Department. If your case does not qualify for free service, you may be entitled to a fee waiver based on your income.
At the court hearing you will have the opportunity to share evidence and testify as to why the judge should order a Post Secondary School Violence Restraining Order. This will also be the Respondent’s chance to defend themselves. The standard of proof in these hearings is relatively high and is known as “clear and convincing.” This standard must be met by the Petitioner for the court to issue a Post Secondary School Violence Restraining Order. If the judge grants your request, a Restraining Order will be issued against the Respondent for a period of up to five years. The duration of the order is up to the discretion of the judge.
If your students are currently being threatened, we can help you prepare and file a Request for Post Secondary School Violence Restraining Orders and litigate your case in court.
What Should I Do if I was Served with a Post Secondary School Violence Restraining Order?
If you have been served with a Request for Post Secondary School Violence Restraining Orders, you have the right to respond to the Petitioner’s request in writing, and at a court hearing. If the protected party’s Temporary Restraining Order was granted, you must abide by all terms of the order until the scheduled court hearing.
After being served with a Temporary Restraining Order, you must surrender, store, or sell, any and all firearms, firearm parts, ammunition, and body armor you own, possess, or have access to. This can be done through any law enforcement agency or licensed gun dealer. You must provide the court with proof that you have done so through filing a Receipt for Firearms and Firearm Parts. You will also be prohibited from purchasing any firearms, firearm parts, ammunition, and body armor for the duration of the order. If you do not own any firearms, you may be asked to make a statement under penalty of perjury that you do not own, possess, or have access to any firearms, firearm parts, ammunition, or body armor.
If you are a member of law enforcement, the military, or have another position where you carry a firearm you must still surrender all firearms, including your duty weapon. However, you may be entitled to an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(f). As of January 1, 2024, all persons in the State of California prohibited by law from owning or possessing firearms, are also prohibited from purchasing, owning, possessing, or having access to body armor. [Read the article here] Any body armor in you possession must also be surrendered, stored, or sold if you have been served with a Post Secondary School Violence Restraining Order or Temporary Restraining Order.
As a Respondent you have a statutory right to a first-time continuance. At the hearing, or before, you may ask the court to give you a new hearing date. If you need more than one continuance you must convince the court that you have “good cause.”
Responding to a Request for Post Secondary School Violence Restraining Orders in writing before the hearing is optional. However, the judge will review anything you or the other party have submitted to the court prior to the hearing. If you chose to provide the court with a statement prior to the hearing you will need to file the proper paperwork, called a “Response to Request for Post Secondary School Violence Restraining Orders.” You will have the option to deny the allegations against you or to give the court a justification for your actions. You may also include any evidence in your favor in your response.
Once filed, you must serve the Petitioner with your Response to Request for Post Secondary School Violence Restraining Orders, and any other forms or evidence you filed with the court. This may be done via mail or personal service. You may not violate any terms of the Temporary Restraining Order to serve the Petitioner. At the court hearing you will have a chance to testify and present evidence on your behalf. This is your chance to explain to the court why a Restraining Order should not be issued against you. While the burden of proof is on the Petitioner, defending against a Post Secondary School Violence Restraining Order may not be simple. If the court issues Permanent Restraining Order against you, it will be in place for a duration up to five years. During this time, you must abide by the order. Failure to abide by a Post Secondary School Violence Restraining Order may lead to criminal prosecution.
If you have been served with a Request for Post Secondary School Violence Restraining Orders, we can help you prepare your response and defend against the allegations in court.
Do I Need an Attorney?
There is no requirement to have an attorney in civil court. However, court procedure can be complex and intimidating. It is often the case that litigants feel overwhelmed by the Restraining Order process. An attorney can navigate all of the complexities of the court on your behalf. At Timothy Riley Law, we strive to make the process of obtaining or defending against a Restraining Order as easy as possible. With 30 years of experience, Attorney Timothy F. Riley excels in the courtroom. Along with his paralegal and staff, Attorney Riley will seamlessly guide you through the Restraining Order process.
