What is a School Violence Restraining Order?
Per California law, a school violence restraining order can be obtained against someone who has been violent or has made a credible threat of violence against one or more students of a private postsecondary school or in other words, after high school. A school violence restraining order can only be granted if the threatened act of violence will likely occur on the school campus. The person making thee threat does not have to be physically on the campus. The schools can include private colleges, private vocational, trade, or career schools. The school violence restraining order can be requested for the protection of one or more student as well as the student’s family or household.
Who can ask for a School Violence Restraining Order?
Only a top official or top administrative officer including a principal, president, or safety officer can ask the court for a school violence restraining order and they must get the alleged victim student’s written consent first. In San Diego county, after the required papers are filed, a judge will decide if immediate order of protection is warranted. The judge will also schedule a hearing on the matter usually about 21 days later where both parties will have an opportunity to be heard by the judge. Both parties can have lawyers representing them and it is very important to know the proper legal procedures as well as deadlines to file etc.
What if a School Violence Restraining Order is Filed Against Me?
If you were served with a school violence restraining order, you must follow the order or you could be arrested and charged with serious crimes. In order to be heard in the matter, you must appear at the hearing on the date and time listed on the order served on you. If you do not appear, the judge may only go by what the alleging party is claiming. If you do not agree with the claims and/or the order, go to the hearing and make your case why a regular or permanent school restraining order should not be granted against you. You can have a lawyer represent you at this hearing just like the alleging party can. It is very important to know your rights and the proper legal procedures.
Call (619) 500-1289 or Contact San Diego Restraining Order Attorney Timothy Riley and he can advise you and help you through all aspects of a San Diego School Violence Restraining Order.