Temporary Restraining Order (NOT harrassment or domestic violence)

[Desert_Jack]

My jurisdiction is: California

A county in California has notified residents of a small remote unincorporated community that a Sexually Violent Predator is being released from the state hospital and will be placed in our midst. We want to prevent this action long enough to present our case properly, but we believe the county is trying to accomplish this placement as quickly as possible to put us at a disadvantage. Can we file a request for a Temporary Restraining Order against the Board of Supervisors, the Sheriff's Dept., and the agent for the landowner, and is there a specific form? Thank you.

 

[Michael Wechsler]

I honestly don't know the answer to this. I think a challenge you may have is that this person served their time. Unless your community presents more challenges than a regular community, I'm not sure of the effect your filing may have. I'm guessing there isn't any specific "form" and, if this is important to the community, put together some funds as a group so that an attorney specializing in this area can draft the right forms making the claims you need to accomplish what you want. Good luck.

 

[NICOLE23]

HiI have 2 go 2 courton fri for temporary peace order what will happend?

 

[NICOLE23]

Will I go to jail?

 

[Michael Wechsler]

The hearing seem to be for a tro and may be a civil matter. Without knowing more, I don't think jail will be in any discussion.

 

[CdwJava]

My jurisdiction is: California

A county in California has notified residents of a small remote unincorporated community that a Sexually Violent Predator is being released from the state hospital and will be placed in our midst. We want to prevent this action long enough to present our case properly, but we believe the county is trying to accomplish this placement as quickly as possible to put us at a disadvantage. Can we file a request for a Temporary Restraining Order against the Board of Supervisors, the Sheriff's Dept., and the agent for the landowner, and is there a specific form? Thank you.

Actually, it is not the county that makes these placements, it is the state. The county may be facilitating the publication of the notice, but the state is the one that releases these folks on parole and assigns their location. The state notifies the local law enforcement jurisdictions of these pending releases, but the local agencies have no direct say in the matter. Seeking an order against the Sheriff or the Board of Supervisors will likely be of little benefit.

Someone would have to go to court and convince a judge to issue an order preventing the state from releasing this fellow on parole (assuming his time is not, simply, up) and that is not likely to happen. There is not a specific form you'd be able to fill out for this, it would have to be a properly formatted request submitted to the court and would likely require the assistance of an attorney. But, I strongly suspect no judge would issue an order preventing the state of California from releasing an inmate absent some specific and articulable threats. If he is being released, it likely means that not only has he served the requisite amount of time making him eligible for release either on parole of after having completed his sentence, but it also means that he has convinced a psychiatrist or a panel that he is not an immediate threat to the public. In CA we can hold sexual predators through a civil commitment process if they are deemed a danger, so it would seem he has cleared that hurdle as well.

In short, consult an attorney to find out if there is any specific action you can take to prevent this man's release. I doubt there is, but you never know.

- Carl