A Restraining Order is an Order from the Court that restrains a person from doing certain acts that the court is prohibiting. It is a civil procedure, meaning that in most cases, you must submit a request to the court asking for a Temporary Restraining Order, and a date for a hearing where the Order will be made permanent.
You can do this yourself or you may consult an attorney. Once an order is in effect, law enforcement agencies will enforce violations of the order as a criminal matter. In Santa Clara County, you may request assistance from the people at the advocate agency called Next Door.
The first step in obtaining a restraining order at Next Door is a session with a client advocate. If you decide to follow through with the restraining order process, you then make a Temporary Restraining Order (TRO) appointment. Your TRO appointment will take approximately 2 hours. A legal advocate will help you fill out the proper forms and write up a declaration (a description of the abuse). The legal advocate can assist you with completing the paperwork, but cannot give you any legal advice. If you need legal advice, you must contact an attorney. Next Door will fax-file your paperwork with the court. Once the Judge signs the TRO, and the clerk assigns a hearing date and case number, the TRO will be faxed back to Next Door for you to pick up.
If you wish, someone from Next Door can accompany you to your hearing to provide information and support.
Next Door charges a fee, depending on your income and family size, ranging from $40 to a complete waiver of the fee. No one will be turned away due to their inability to pay.
You may be eligible for Next Door's Restraining Order and Court Accompaniment services if you:
Suzanne's Law requires local police to notify the National Crime Information Center when someone between the ages of 18 and 21 is reported missing. It was signed into law by President Bush as part of the national AMBER Alert Bill on April 30, 2003.
The federal law is named after Suzanne Lyall, a student at the State University of New York at Albany who has been missing since 1998. Previously police were only required to report missing persons under the age of 18. This law, sponsored by Congressman John E. Sweeney (R-NY), is intended to encourage police to initiate prompt investigations into missing young people.
This change in federal law will have little impact on the practices of the Foothill-De Anza Police Department because we have always been very aggressive in investigating reported missing persons.
What should I do if I think someone is stalking me?
If you believe that you are being stalked by someone on campus, contact the Foothill-De Anza Police Department and discuss the situation with us. While statistics clearly indicate that more women than men are victims of stalking behavior, both women and men can be victimized by stalking behavior.
We at the Foothill-De Anza Police Department urge you to contact us – the sooner the better. There are state and federal laws dealing with this criminal behavior and we may be able to help you. The Foothill-De Anza Police Department is located at Foothill and De Anza campus locations and is open from 6:00 am to 12 midnight every day, seven days a week, including holidays. We can be reached by telephone at 650-949-7313 or by dialing 9-1-1 (in the event of an emergency), or 408-924-8000 from a cell phone.
How does the FHDA Police Department meet Megan's Law requirements?
The State of California requires sex offenders to register with the police in the jurisdiction in which they reside. The State makes this information available to law enforcement agencies. The public can view the information at some local police departments. State law also requires sex offenders to register with Foothill-De Anza Police Department if they work at the Community College (including contractors), attend classes, or volunteer. The Family Educational Rights and Privacy Act (FERPA) does not prohibit release of data on registered sex offenders under this law. The Foothill-De Anza Police Department participates in the California Department of Justice's Megan's Law Data Program. In accordance with existing federal and state laws and Community College policies, Megan's Law allows the public to view information about sex offenders that may be residing in their community, which helps people be aware of potential risks.
Megan's Law information is available online at meganslaw.ca.gov.
The FHDA Police Department may notify any of the following persons, agencies, or organizations the offender is likely to come in contact with, including, but not limited to, the following:
Public and private educational institutions
Day care establishments
Locations that mainly serve individuals likely to be victimized by an offender
Other community members that may be at risk
Pursuant to the provisions of section 290(m) of the California Penal Code, the Foothill-De Anza Police Department may provide any of the following information regarding a Sex Offender to any of the persons, agencies, or organizations authorized to receive information:
Anyone needing to register per Section 290 of the California Penal Code must call the Records Supervisor to make an appointment at 650-949-7513.
The Clery Act is named in memory of Jeanne Clery, a freshman at Lehigh University who was murdered in her dorm room in 1986. Her killer went through three propped-open doors in order to get to her room. If the college would have made this information available to students, Jeanne would have been aware of the 38 violent on-campus crimes that happened in the three years before her murder, as well as the 181 occurrences of propped-open doors in the dorm in the four months preceding her death.
The Clery Act requires that all universities and colleges that participate in federal financial aid programs must disclose information about crime that occurs on campus, in off-campus buildings, or property owned or controlled by the college.
Our crime statistics are sent to the California Department of Justice, FBI and the District's Chancellor's Office for inclusion in the state and federal crime statistics along with Clery information.
You can view the 2019 Clery Act Annual Security Report here.
Marsy's Law (Victims' Bill of Rights) / Resources
On November 4, 2008, the people of the State of California approved Proposition 9, the Victims' Bill of Rights Act of 2008, also known as Marsy's Law. This measure amended the California Constitution to provide additional rights to victims. Crime victims may obtain additional information regarding Marsy's Law and Local Victim Witness Assistance Center information by contacting the California Attorney General's Victim Services Unit at 1-877-433-9069.
A "victim" is defined under the California Constitution as " a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term 'victim' also includes the person's spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated. The term 'victim' does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim."
[California Constitution, Article I, Section 28(e)]
Marsy's Law - Victims' Bill of Rights
California Constitution, Article I, Section 28(b)
In order to preserve and protect a victim's rights to justice and due process, a victim shall be entitled to the following rights:
1- To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
2- To be reasonably protected from the defendant and persons acting on behalf of the defendant.
3- To have the safety of the victim and the victim's family considered in fixing the amount of bail and release conditions for the defendant.
4- To prevent the disclosure of confidential information or records to the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim's family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
5- To refuse an interview, deposition, or discovery request by the defendant, the defendant's attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
6- To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
7- To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
8- To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
9- To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
10- To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim's family and any sentencing recommendations before the sentencing of the defendant.
11- To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
12- To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
13- To restitution.
A- It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
B- Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
C- All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
14- To the prompt return of property when no longer needed as evidence.
15- To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
16- To have the safety of the victim, the victim's family, and the general public considered before any parole or other post-judgment release decision is made.
17- To be informed of the rights enumerated in paragraphs (1) through (16).
A victim, the retained attorney of a victim, a lawful representative of the victim, or the prosecuting attorney upon request of the victim, may enforce the above rights in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request. [California Constitution, Article I, Section 28(c)(1)]
Each year, the Foothill-De Anza Police Department submits a report to the United States Federal Bureau of Investigation (as does every law enforcement agency in the United States). This report is known as the Uniform Crime Report (UCR). The FBI releases the Uniform Crime Report to the public each year. The latest UCR can be found at fbi.gov.
What are Part I and Part II Crimes?
Crimes in the UCR are organized into Part I and Part II crimes:
|Part I (more serious crimes)||Part II (generally less serious crimes)|
-Motor Vehicle Theft;
|All other criminal offenses, including:
-Other Sex Offenses;
-Drug Abuse Violations;
-Driving Under the Influence;
-Liquor Law Violations;
-Possession of Stolen Property;
NOTE: The following safety tips are provided as a community service and are to be used only as guidelines, along with common sense, to help prevent crime. If you have specific questions that are not covered here, please contact the Foothill-De Anza Police Department at 650-949-7313 for more information.
Safe Walking Tips:
For more information, visit the Federal Trade Commission's identity theft website.