Santa Barbara — SV-100 INFO

Source: https://www.courts.ca.gov/documents/sv100info.pdf

How Do I Get an Order to Prohibit PostsecondarySV-100-INFO 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 postsecondary school violence Who can be protected under this law? protection order? Under California law (Code Civ. Proc., § 527.85), courts Under this statute, the school officer can obtain a court can make orders to protect a student from being subjected order on behalf of a student. The court order can last up to to assault, battery, or stalking, or to a credible threat of three years. The order can also protect family or household violence. The procedure is only available with regard to members of the student and other students at the campus or students at postsecondary institutions. facility who are similarly situated. The court can order a person not to: A “student” is an adult currently enrolled in or applying Harass or threaten the student; for admission to a postsecondary educational institution. Contact or go near the student; and The “respondent” is the person against whom the school Have any firearms (guns), firearm parts, ammunition, or official is requesting the protective order. body armor. This includes firearm receivers and frames, A school official may seek protection under this law if: and any item that may be used as or easily turned into a 1. The student has suffered assault, battery, or stalking, or receiver or frame (see Penal Code section 16531). a credible threat of violence; For more information about the items a restrained 2. The respondent’s conduct is not allowable as part of a person cannot have, please see selfhelp.courts.ca.gov/ legitimate labor dispute as permitted by Code of Civil restraining-orders/prohibited-items. Procedure section 527.3; andThese orders will be enforced by law enforcement 3. The respondent is not engaged in constitutionallyagencies. protected activity.

Who can get a postsecondary school What forms must be used to get the order?violence protection order? 1. Petition for Postsecondary School Violence RestrainingThe chief administrative officer of a postsecondary Orders (Petition) (form SV-100). Thiseducational institution, or an officer or employee form tells the judge the facts of the case and what ordersdesignated by the chief administrative officer to maintain the petitioner and student want the court to make.order on the school campus or facility, may request these court orders. These orders must be requested by an officer 2. Confidential Information for Law Enforcement (form of the institution that the student attends or is applying to. CLETS-001).This form will provide law enforcement agencies with the information needed to enforce any A “chief administrative officer” is the principal, orders that are granted. president, or highest-ranking official of the postsecondary educational institution. 3. Notice of Court Hearing (form SV-109). This form tells the parties when the hearing on the petition will be held. A “postsecondary educational institution” is an institution of vocational, professional, or postsecondary 4. Temporary Restraining Order (TRO) (form SV-110). A education. TRO can be issued to provide protection to the student until the hearing is held. It can be issued by the judgeThe statute differs from other California laws that allow either with or without notice to the respondent.victims of unlawful violence or credible threats of violence to ask the court for these orders themselves. If anyone 5. Postsecondary School Violence Restraining Order other than a school officer wishes to apply to the court for After Hearing (Order) (form SV-130). This form is an order prohibiting harassment, see Can a Civil signed by the court following the hearing. The order can Harassment Restraining Order Help Me? (form last for up to three years depending on what the judge CH-100-INFO. rules.

Judicial Council of California, courts.ca.gov Rev. January 1, 2026, Optional Form How Do I Get an Order to Prohibit SV-100-INFO, Page 1 of 4 Code Civ. Proc., § 527.85 Postsecondary School Violence? (Postsecondary School Violence Prevention)

How Do I Get an Order to Prohibit PostsecondarySV-100-INFO School Violence? These forms are all mandatory—that is, they must be used To obtain a TRO, you must notify the respondent of the in the school violence prevention proceeding. request for the temporary order unless both of the following requirements are satisfied:6. Proof of Personal Service (form SV-200). This form is used to show that the other party has been served with a. It appears from facts shown on the petition that great the petition and other forms as required by law. or irreparable injury will result before the matter can be heard on notice; and Where can I get these forms? b. You or your attorney certifies one of the following to You can get the forms from legal publishers or from the the court under oath: California Courts website at courts.ca.gov/rules-forms/ (1) That within a reasonable time before presenting find-your-court-forms. You also may be able to find them the petition to the court to ask for a TRO, you at your local courthouse or county law library. informed the respondent or the respondent’s attorney when and where the request for a TRO Do I need a lawyer? would be made; The school official may be represented by a lawyer, but one (2) That you in good faith attempted but were unable is not required by law. Because the school official’s lawyer to inform the respondent and the respondent’s will generally be representing the interests of the student, attorney, specifying the efforts made to contact the student usually does not need their own lawyer. them; or Whether or not the school official has a lawyer, the (3) That for reasons specified, you should not berespondent may have one. required to inform the respondent or the respondent’s attorney.What steps are needed to get the court orders? 5. Take your original completed forms and copies to the

1. Fill in the Petition (form SV-100) completely and clerk’s office at the court. You will need at least three copies: one for you, one for the student, and one to serve fill in items 1–3 of the Notice of Court Hearing on the respondent. If there are other persons to be (form SV-109). If you are seeking a TRO, also fill protected by the order, you will need additional copies out form SV-110. of the TRO. A protected person will need a copy of the
2. If you are seeking orders based on information from TRO if it is necessary to call the police. The clerk will your student and others and not based on what you have file the originals, assign a case number, and return the personally observed, you must have each of those copies “file-stamped” to you. The clerk will write your persons complete a declaration to attach to the Petition hearing date on the Notice of Court Hearing (form (form SV-100). You may use form MC-031, Attached SV-109). Declaration. 6. If you are seeking a TRO (form SV-110), the clerk will
3. Fill in Confidential Information for Law Enforcement tell you where and how to present your proposed order (form CLETS-001) with as much information as you to a judge for consideration and signature. The court know. If the judge grants the order, the information on will decide within 24 hours whether or not to make the this form will be entered into a statewide protective- order. Sometimes the court decides right away. Ask the order database that will be available to law enforcement clerk if you should wait or come back later. If your agencies if the order needs to be enforced. request for a TRO is granted while you are still at the court, take the signed original back to the clerk to be4. If you are applying for a TRO, fill out form SV-110 filed. completely. The petition and declarations must give the details of assault, battery, or stalking, or the credible threat of violence, and the problems they have caused your student.

Rev. January 1, 2026 How Do I Get an Order to Prohibit SV-100-INFO, Page 2 of 4 Postsecondary School Violence? (Postsecondary School Violence Prevention)

How Do I Get an Order to Prohibit PostsecondarySV-100-INFO School Violence?

7. If a TRO has been issued, ask the clerk whether you or 11.Go to court on the date shown at item 4 on the Notice of your lawyer will need to deliver a file-stamped copy of Court Hearing (form SV-109).You do not need to bring the TRO to each law enforcement agency (police, any witnesses, but it helps to have more proof of the marshal, or sheriff’s office) that might be called on to violence or threats than just one person’s word. enforce the order. If so, do so immediately. You can bring to the hearing: If the court issues a TRO, it will last Witnesses until the hearing date. Written statements from witnesses made under oath Photos8. If the student does not speak English, when you file your papers, ask the clerk if a court interpreter will be Medical or police reports available for the hearing. You can also use form Damaged property INT-300, Request for Interpreter (Civil) or a local court Threatening letters, emails, or telephone messages form or website to request an interpreter. For more The court may or may not let witnesses speak at the information about court interpreters, go to hearing. So, if possible, you should bring their written selfhelp.courts.ca.gov/request-interpreter. statements under oath to the hearing. (You can use form

8. Have the respondent personally served with copies of MC-030, Declaration.) the Petition (form SV-100), the Notice of Court The respondent has the right to attend the hearing, but Hearing (form SV-109), the TRO (form SV-110) (if the respondent does not have the right to speak to the issued), a blank Response (form SV-120), and a blank student or to any other person seeking protection. If Proof of Service of Response by Mail (form SV-250). anyone is afraid, tell the court officer. You cannot serve the respondent yourself. Service may be made by a licensed process server, the sheriff’s department, or any person 18 years of age or older, other than you, the student, or anyone to be protected by the order. For help with service, ask the court clerk for form SV-200-INFO, What Is “Proof of Personal Service”? Service is essential. It tells the respondent about the order and the hearing. Without it, there cannot be a court hearing, and your temporary orders will no longer be good unless they are extended by the court. The respondent should be personally served immediately after the orders are signed by the judge, unless the court specifies a different time for service.

9. After the respondent has been personally served, the person who served the respondent must complete and sign the original Proof of Personal Service (form SV-200). Take the signed original and copies back to the court clerk. The clerk will file the original and return “file-stamped” copies to you. Ask the clerk whether you should take a file-stamped copy to each law enforcement agency that might be called on to enforce the order. If so, do so immediately.

Rev. January 1, 2026 How Do I Get an Order to Prohibit SV-100-INFO, Page 3 of 4 Postsecondary School Violence? (Postsecondary School Violence Prevention)

How Do I Get an Order to Prohibit PostsecondarySV-100-INFO School Violence?

12. If the judge signs the Order (form SV-130), ask the What if I have a disability? clerk to provide you with a file-stamped copy for each If you have a disability and need an accommodation while person to be protected. Ask the clerk whether you or you are at court, you can use form MC-410, Disability your attorney will need to deliver a file-stamped copy Accommodation Request, to make your request. You can of the Order to each law enforcement agency that also ask the ADA Coordinator in your court for help. For might be called on to enforce the order. If so, do so more information, see form MC-410-INFO, How to immediately. Request a Disability Accommodation for Court.
13. If the respondent attended the hearing and heard the terms of the Order from the court, no additional proof Information about the process is also of service is necessary. If the respondent did not attend available online. the hearing, but the Order issued is the same as the

TRO (except for the termination date), the Order may See selfhelp.courts.ca.gov/SV-restraining-order. be served on the respondent by mail. File form SV-260, Proof of Service of Order After Hearing by Mail. If the For help in your area, contact: respondent did not attend the hearing and the Order [Local information may be inserted.] differs from the TRO, arrange to have the respondent personally served with a copy of the Order. File the completed Proof of Personal Service (form SV-200) with the court. Give a file-stamped copy of the Order and proof of service to your student and to each other protected person. Keep at least one copy for yourself. 14. Once the order is issued, only the judge can change or cancel it. You or the respondent would have to file a request with the court to cancel the order. 15. If the respondent does not obey the order, call the police. The respondent can be arrested and charged with a crime.

Rev. January 1, 2026 How Do I Get an Order to Prohibit SV-100-INFO, Page 4 of 4 Postsecondary School Violence? (Postsecondary School Violence Prevention) For your protection and privacy, please press the Clear button after you have printed the form. Print Save Clear