Introduction

When a restraining order is issued against two students who have a class together, the situation can become quite complex. This article explores how schools and school boards typically handle such cases, focusing on the legal and practical aspects involved.

Legal Obligations and Responsibilities

The issuance of a restraining order against teens often means they must attend different schools, not merely being in the same class. This is because restraining orders are legally binding court orders that require compliance in a variety of settings, including public schools. If such an order is in place, not only must the students involved adhere to the terms of the order, but also the school must take steps to ensure compliance.

When a restraining order is presented to the school administration, it typically necessitates that the offending student be transferred to another school. This decision is usually made at the expense of the student who has the restraining order against them, and the school may be required to provide transportation to a school that is further away. The school is under no legal obligation to allow the students to share the same school or class, as public schooling is required by law.

The School's Role in Handling Restraining Orders

While the school may be required to assist in enforcing the terms of a restraining order, it is not typically their responsibility to make special accommodations for the involved students. Breaching the terms of a restraining order is the individual's responsibility, and it is not the role of the school to enforce the order. However, the school can and should assist in facilitating compliance with the order as needed.

For example, if a student has a restraining order against them not to approach a fellow student within a certain distance, it is the responsibility of the student who has the restraining order not to violate this condition. The school can support the enforcement of this order by ensuring that the affected students are physically separated during school hours. This could involve changes in seating arrangements or administrative actions to prevent contact.

Handling Restraining Orders in University Settings

In university settings, the handling of restraining orders follows a different set of rules and procedures. Generally, the first step involves a No Contact Agreement, where both parties agree to sever all social contact while maintaining necessary contact in public and academic settings.

If a court approves a restraining order, it will typically allow for necessary contacts, such as for employment purposes. For instance, if both parties work at the same business, the order might allow for contact as required by their employment. In such cases, the company is expected to provide reasonable separation. For example, a university may require that the students involved be seated at opposite ends of the classroom or even in different classrooms when necessary.

Conclusion

Managing a restraining order in educational settings requires a nuanced understanding of legal obligations and the practical realities of school life. Both the school administration and the students need to work together to ensure that the terms of the order are adhered to while balancing the educational needs of all students. It is important to emphasize that while schools may be required to assist in enforcing a restraining order, ultimately, the responsibility lies with the individuals involved in the order.