School Violence Restraining Order, California Code of Civil Procedure Section 527.85
Any type of criminal protective order or restraining order, including a school violence restraining order, pursuant to California Code Civil Procedure section 527.85, can restrict a person’s rights. A school violence restraining order, pursuant to California Code of Civil Procedure section 527.85, can be sought when there is reasonable proof that a student has suffered a credible threat of violence made off campus, and great or irreparable harm would result to the student. An injunction can be issued when there is clear and convincing evidence of such a threat of violence.Who Can Seek a School Violence Restraining Order Petition
The chief administrative officer at the school or designee of a private school can seek a petition for a school violence restraining order pursuant to California Code of Civil Procedure section 527.85.Grounds for a School Violence Restraining Order Petition
To obtain a school violence restraining order petition pursuant to California Code of Civil Procedure section 527.85, the petitioner must prove:
- That the student has suffered a credible threat of violence from any individual, and
- A credible threat of violence, while made off campus can reasonably be construed to be carried out or have been carried out at a school campus or facility, and
- The respondent’s conduct is not allowable as legitimate labor dispute permitted by California Code of Civil Procedure section 527.3, and
- The respondent is not engaged in any constitutionally protected activity (California Code of Civil Procedure section 527.85(c))
A “credible threat of violence” is defined as a knowing and willful statement or course of conduct that would place a reasonable person in fear for his or her safety, or the safety of his or her immediate family, and that serves no legitimate purpose. See California Code of Civil Procedure section 527.85(b)(3).
“Course of conduct” is defined as a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including any of the following:
- Following or stalking a student to or from school or following a student during school hours.
- Entering the school campus or facility.
- Making telephone calls to a student.
- Sending correspondence by any means, including, using the public or private mail, interoffice mail, fac or email.
A temporary restraining order can last for 21 days or 25 days if there is good cause. A permanent school violence restraining order can last up to 3 years.
Any restraining order matter, including a gun violence restraining order, domestic violence restraining order, school violence restraining order, or any other type of restraining order, is serious and could result in serious consequences. If you or a family member has been served with a restraining order, including a school violence restraining order, in Los Angeles, Orange County, Riverside County, San Bernardino County, or Ventura County, it is imperative that you hire the best attorney that you can. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Los Angeles Criminal Defense Attorney Michael Kraut knows how to effectively defend clients who have been served with such restraining orders and are facing the prospect of losing their gun rights.
For more information about all types of restraining order matter, including school violence restraining orders, and to schedule your free consultation, contact attorney Michael Kraut at the Kraut Law Group located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.