Form SV-100 "Petition for Private Postsecondary School Violence Restraining Orders" - California

What Is Form SV-100?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2018;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form SV-100 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form SV-100 "Petition for Private Postsecondary School Violence Restraining Orders" - California

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Petition for Private Postsecondary
Clerk stamps date here when form is filed.
SV-100
School Violence Restraining Orders
Read How do I Get a Private Postsecondary School Violence Restraining
Order?(form SV-100-INFO) before completing this form. Also fill out
Confidential CLETS Information (form CLETS-001) with as much
information as you know.
Petitioner (Educational Institution Officer or Employee)
1
a. Name:
is
Fill in court name and street address:
the chief administrative officer
Superior Court of California, County of
an officer or employee designated by the chief administrative
officer to maintain order on the campus or facility of
(name of private postsecondary educational institution):
and is filing this petition on behalf of the student in
.
2
b.
Lawyer for Petitioner (if any for this case)
Court fills in case number when form is filed.
Name:
State Bar No.:
Case Number:
Firm Name:
c.
Petitioner’s Address (If the petitioner has a lawyer, give the lawyer’s information.)
Address:
City:
State:
Zip:
Telephone:
Fax:
E-Mail Address:
Student in Need of Protection
2
Full Name:
Sex:
M
F
Age:
Respondent (Person From Whom Protection Is Sought)
3
Full Name:
Age:
Address (if known):
City:
State:
Zip:
Additional Protected Persons
4
a. Are you asking for protection for any family or household members or any other students at the campus or
facility who are similarly in need of protection?
Yes
No
(If yes, list them):
Full Name
Sex
Age Household Member? Relationship to Student
Yes
No
Yes
No
Yes
No
Additional protected persons are listed in Attachment 4a.
This is not a Court Order.
Judicial Council of California, www.courts.ca.gov
Petition for Private Postsecondary School Violence
SV-100,
Page 1 of 6
Revised January 1, 2018, Mandatory Form
Restraining Orders
Code of Civil Procedure, §§ 527.85 and 527.9
(Private Postsecondary School Violence Prevention)
Petition for Private Postsecondary
Clerk stamps date here when form is filed.
SV-100
School Violence Restraining Orders
Read How do I Get a Private Postsecondary School Violence Restraining
Order?(form SV-100-INFO) before completing this form. Also fill out
Confidential CLETS Information (form CLETS-001) with as much
information as you know.
Petitioner (Educational Institution Officer or Employee)
1
a. Name:
is
Fill in court name and street address:
the chief administrative officer
Superior Court of California, County of
an officer or employee designated by the chief administrative
officer to maintain order on the campus or facility of
(name of private postsecondary educational institution):
and is filing this petition on behalf of the student in
.
2
b.
Lawyer for Petitioner (if any for this case)
Court fills in case number when form is filed.
Name:
State Bar No.:
Case Number:
Firm Name:
c.
Petitioner’s Address (If the petitioner has a lawyer, give the lawyer’s information.)
Address:
City:
State:
Zip:
Telephone:
Fax:
E-Mail Address:
Student in Need of Protection
2
Full Name:
Sex:
M
F
Age:
Respondent (Person From Whom Protection Is Sought)
3
Full Name:
Age:
Address (if known):
City:
State:
Zip:
Additional Protected Persons
4
a. Are you asking for protection for any family or household members or any other students at the campus or
facility who are similarly in need of protection?
Yes
No
(If yes, list them):
Full Name
Sex
Age Household Member? Relationship to Student
Yes
No
Yes
No
Yes
No
Additional protected persons are listed in Attachment 4a.
This is not a Court Order.
Judicial Council of California, www.courts.ca.gov
Petition for Private Postsecondary School Violence
SV-100,
Page 1 of 6
Revised January 1, 2018, Mandatory Form
Restraining Orders
Code of Civil Procedure, §§ 527.85 and 527.9
(Private Postsecondary School Violence Prevention)
Case Number:
b. Why do these people need protection? (Explain):
Response is stated in Attachment 4b.
4
Relationship of Student and Respondent
5
a.
How does the student know the respondent? (Describe):
Response is stated in Attachment 5a.
b.
Respondent
is not
a current student of petitioner’s institution. (Explain any decision to retain,
is
Response is stated in Attachment 5b.
expel, or otherwise discipline the respondent):
Venue
6
Why are you filing in this county? (Check all that apply):
a.
The respondent lives in this county.
b.
The respondent has caused physical or emotional injury to the student in this county.
c.
Other (specify):
Other Court Cases
7
a. Has the student or any of the persons named in
4
been involved in another court case with the respondent?
No
Yes
(If yes, check each kind of case and indicate where and when each was filed):
Kind of Case
Filed in (County/State)
Year Filed Case Number (if known)
(1)
Postsecondary School Violence
(2)
Civil Harassment
(3)
Domestic Violence
(4)
Divorce, Nullity, Legal Separation
(5)
Paternity, Parentage, Child Support
(6)
Elder or Dependent Adult Abuse
Eviction
(7)
(8)
Guardianship
(9)
Workplace Violence
(10)
Small Claims
(11)
Criminal
(12)
Other (specify):
Are any restraining orders or criminal protective orders now in effect relating to the student or any of the
b.
persons in
and the respondent?
No
Yes
(If yes, attach a copy if you have one.)
4
This is not a Court Order.
Revised January 1, 2018
Petition for Private Postsecondary School Violence
SV-100,
Page 2 of 6
Restraining Orders
(Private Postsecondary School Violence Prevention)
Case Number:
Description of Respondent's Conduct
8
a.
Respondent has (check one or more):
Assaulted, battered, or stalked the student.
(1)
(2)
Made a credible threat of violence against the student by making knowing or willful statements or
engaging in a course of conduct that served no legitimate purpose and that would place a reasonable
person in fear for his or her safety or the safety of his or her immediate family.
b.
One or more of these acts were made off the school campus or facility and can reasonably be understood (check
either or both):
(1)
To have been carried out at the school campus or facility.
(2)
To be carried out in the future at the school campus or facility.
Address of campus or facility:
c. Describe what happened. (Provide details; include the dates of all incidents beginning with the most recent; tell
who did what to whom; identify any witnesses):
Response is stated in Attachment 8c.
Yes
No
d. Was the student harmed or injured?
(If yes, describe harm or injuries):
Response is stated in Attachment 8d.
Yes
No
e. Did the respondent use or threaten to use a gun or any other weapon?
(If yes, describe):
Response is stated in Attachment 8e.
This is not a Court Order.
Revised January 1, 2018
Petition for Private Postsecondary School Violence
SV-100,
Page 3 of 6
Restraining Orders
(Private Postsecondary School Violence Prevention)
Case Number:
f.
For any of the incidents described above, did the police come?
Yes
No
I don’t know
8
If yes, did the student or the respondent receive an Emergency Protective Order?
Yes
No
I don’t know
If yes, the order protects (check all that apply):
the student.
the respondent.
one or more of the persons in
4
.
(Attach a copy of the order if you have one.)
þ
Check the orders you want.
Personal Conduct Orders
9
I ask the court to order the respondent not to do any of the following things to the student or to any person to be
protected listed in
:
4
a.
Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy
personal property of, or disturb the peace of the person.
b.
Make threats of violence against the person.
c.
Follow or stalk the person during school hours or to or from the school campus or facility.
d.
Contact the person, either directly or indirectly, by any means, including, but not limited to, in person, by
telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by
other electronic means.
e.
Enter the person’s school campus or facility.
f.
Other (specify):
As stated in Attachment 9f.
The respondent will be ordered not to take any action to get the addresses or locations of any protected person
unless the court finds good cause not to make the order.
Stay-Away Order
10
a. I ask the court to order the respondent to stay at least
yards away from (check all that apply):
(1)
The student.
(7)
The place of child care of the student’s children.
(2)
The other persons listed in
.
(8)
The student’s vehicle.
4
(3)
The school.
(9)
Other (specify):
(4)
The student’s home.
(5)
The student’s job or workplace.
(6)
The school of the student’s children.
This is not a Court Order.
Revised January 1, 2018
Petition for Private Postsecondary School Violence
SV-100,
Page 4 of 6
Restraining Orders
(Private Postsecondary School Violence Prevention)
Case Number:
b.
If the court orders the respondent to stay away from all the places listed above, will he or she still be able to get
10
to his or her home, school, or job?
Yes
No
(If no, explain):
Response is stated on Attachment 10b.
Guns or Other Firearms and Ammunition
11
Does the respondent own or possess any guns or other firearms?
Yes
No
I don’t know
If the judge grants a protective order, the respondent will be prohibited from owning, possessing, purchasing,
receiving, or attempting to purchase or receive a gun, other firearm, and ammunition while the protective order is
in effect. The respondent will also be ordered to turn in to law enforcement, or sell to or store with a licensed gun
dealer any guns or firearms within his or her immediate possession or control.
Temporary Restraining Order
12
I request that a Temporary Restraining Order (TRO) be issued against the Respondent to last until the hearing. I am
presenting form SV-110, Temporary Restraining Order, for the court’s signature together with this Petition.
Has the Respondent been told that you were going to go to court to seek a TRO against him/her?
Yes
No
(If you answered no, explain why below):
Reasons are stated in Attachment 12.
Request for Less Than Five Days' Notice of Hearing
13
You must have your papers personally served on the respondent at least five days before the hearing, unless the
court orders a shorter time for service. (Form SV-200-INFO explains what is proof of personal service. Form
SV-200, Proof of Personal Service, may be used to show the court that the papers have been served.)
If you want there to be fewer than five days between service and the hearing, explain why:
Reasons are stated in Attachment 13.
No Fee for Filing
14
I ask that there be no filing fee because the respondent has threatened violence against the student, or stalked the
student, or acted or spoken in a manner that has placed the student in reasonable fear of violence.
This is not a Court Order.
Revised January 1, 2018
Petition for Private Postsecondary School Violence
SV-100,
Page 5 of 6
Restraining Orders
(Private Postsecondary School Violence Prevention)