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SB 1374

Restraining orders: educational institutions.

2025-2026 Regular Session Introduced by Roger Niello and 1 co-sponsor

SB 1374 enables college leaders to seek restraining orders on behalf of students and the campus for unlawful violence or credible threats, expanding who can petition.

Read second time and amended. Re-referred to Com. on HIGHER ED.
#restrainingorders #educationalinstitutions
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Bill Summary · SB 1374

Summary of SB 1374 (2025-2026, California)

Purpose and intent

  • SB 1374 amends the Code of Civil Procedure to extend and clarify the use of restraining orders related to unlawful violence or credible threats of violence in postsecondary educational settings.
  • The bill expands who can petition for these protective orders and broadens the types of conduct that can form the basis for a temporary restraining order (TRO) and order after hearing.

Key provisions and changes

  • Authorized petitioners
    • A chief administrative officer (CAO) of a postsecondary institution, or an officer/employee designated by the CAO, may seek a TRO and an accompanying order after hearing (OAH) on behalf of:
    • A student who has suffered unlawful violence or a credible threat of violence (with written consent from the student).
    • Any number of other students at the campus who are similarly situated.
    • The CAO or designee may also seek a TRO/OAH on behalf of the institution itself if the institution has become aware of unlawful violence or a credible threat of violence directed at the campus or facility, and may seek protection for campus property owned by the institution.
  • Expanded course of conduct
    • The definition of “course of conduct” is broadened to include acts such as:
    • Following or stalking a student to or from school.
    • Entering the campus or facility.
    • Following a student during school hours.
    • Making telephone calls or sending correspondence (including email) to a student, the campus, its employees, or a CAO.
    • Sending correspondence to a student, the campus, or the CAO by any means (mail, interoffice mail, fax, email, etc.).
  • Definitions (as used in the bill)
    • “Credible threat of violence”: a knowing and willful statement or conduct that would place a reasonable person in fear for safety, with no legitimate purpose.
    • “Petitioner”: the CAO or designee petitioning for the TRO/OAH.
    • “Postsecondary educational institution”: vocational, professional, or postsecondary education institution.
    • “Student”: an adult currently enrolled in or applying for admission.
    • “Temporary restraining order” / “Order after hearing”: include standard protective restrictions such as prohibiting harassment, intimidation, stalking, threatening, etc., and may cover additional protective measures deemed necessary by the court.
  • Procedure and duration
    • TROs issued under this section may be granted without notice and are typically effective for up to 21 days (extendable to up to 25 days if a hearing is delayed).
    • A hearing on the petition must occur within 21 days (or 25 days for good cause).
    • After a hearing, a protective order may last up to three years and may be renewed for up to three years, with renewal allowed within three months before expiration.
    • If the expiration date is not stated on the form, the order lasts three years from issuance.
    • The court must provide protections for service and notice, with specifics on service of process, timelines, and potential continuances.
  • Notices, service, and enforcement
    • Personal service of summons, TRO, and hearing notice is required, with allowances for shortened service in certain circumstances.
    • The court shall transmit information about orders to law enforcement and/or the DOJ CLETS system to assist enforcement.
    • At scene enforcement provisions allow officers to enforce a protective order when violence or threats occur, including verbal notice to the respondent.
  • Firearms restrictions
    • A person subject to a protective order under this section is prohibited from owning or possessing firearms or ammunition while the order is in effect, with the court empowered to order relinquishment of firearms.
    • Violations of firearm prohibitions are punishable under applicable Penal Code provisions.
  • Form and fee provisions
    • The Judicial Council will develop mandatory, simple forms and instructions for petitions and responses.
    • There is no filing fee for petitions alleging unlawful violence or credible threats against a student.
    • There is no fee for service of process by a sheriff or marshal when the TRO/OAH is based on unlawful violence or credible threats.
    • The bill notes that while orders must be issued on Judicial Council forms, non-conforming orders may still be enforceable.
  • Civil rights and campus safety
    • The bill clarifies that nothing in these provisions expands or diminishes a college’s duty to provide a safe environment.
    • It explicitly does not authorize suppressing constitutionally protected speech or activity.

Who is affected

  • Postsecondary educational institutions (colleges, universities, vocational schools) and their campuses, facilities, and property.
  • Chief administrative officers and their designated staff responsible for campus safety and order.
  • Students (adults) enrolled in or applying for admission who may be protected and/or named as respondents.
  • Respondents named in orders (possibly students or other individuals) who would be restrained from specified conduct and could be prohibited from possessing firearms.
  • Law enforcement and the Department of Justice for enforcement and record-keeping via CLETS.

Procedural and timeline aspects

  • TROs can be issued ex parte with same-day or next-business-day determination if filed late in the day.
  • TRO duration: up to 21 days (or up to 25 days if a hearing is extended).
  • Hearing on petition: must occur within 21 days (or 25 days with good cause).
  • Post-hearing protective order duration: up to 3 years, with renewal provisions for up to 3 more years.
  • Notice and service: explicit timelines for serving petitions, TROs, and notices; protections for notice to protected parties and options when notice is limited.
  • Information sharing: orders and related proofs of service must be transmitted to law enforcement and/or CLETS within designated timeframes.
  • Fees: no filing fee for petitions alleging unlawful violence/stalking or credible threats; no service fee under specified conditions.

This bill enhances protective options for students and campuses by enabling institutional leaders to seek restraining orders on behalf of affected students and the institution, while maintaining safeguards on speech, notice, and due process.

Compiled from official sources — confirm details with the bill’s official record.

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