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Self-Help Quarantine Orders - Detention and Writ Process

Quarantine Orders - Detention and Writ Process

A diagram of the quarantine order and writ process is available to help you understand the major steps involved in requesting a hearing to challenge your quarantine order. You may wish to consult it before continuing.
In this section you can find answers to the following questions:

  1. What is a quarantine order?
  2. Do I have to obey the quarantine order?
  3. Can I challenge a quarantine order?
  4. How do I challenge the quarantine order?
  5. How do I file and serve a Petition for Writ of Habeas Corpus Re: Quarantine Order?
  6. Can I hire an attorney or ask for assistance from the Public Defender’s Office?
  7. How will I know if the judge granted my request for a hearing?
  8. How do I show up for my court hearing to challenge the order if I am quarantined?
  1. What is a quarantine order?

    The County Health Department may have reason to suspect that you have come into contact with a person who has a contagious disease which threatens the public’s health at large. If this is so, the County is authorized under California Health and Safety Code §§120130 and 120175 to issue a quarantine order directing you to remain in your home at all times until you are deemed non-contagious by the County Health Department.

    In order to issue this quarantine order, there must be no less restrictive alternative other than confinement, which would protect the public’s health.

  2. Do I have to obey the quarantine order?

    You are required under California Health and Safety Code §120220 to obey the order. Violation or failure to comply with the order is a misdemeanor punishable by imprisonment, fine or both for each day you fail to comply (Health and Safety Code §§ 120275 and 120295 ).

  3. Can I challenge the quarantine order?

    Yes, if you feel you have not been exposed to a case or suspected case of a contagious disease or you object to the appropriateness of the conditions of the quarantine contained in the order, you may object and petition for an informal hearing.

  4. How do I challenge the quarantine order?

    To challenge the order you would need to serve and file a Petition for Writ of Habeas Corpus Re: Quarantine Order (Local Form PB-4052 ).

  5. How do I file a Petition for Writ of Habeas Corpus Re: Quarantine Order?

    Step 1
    Fill out, date and sign the following form:Step 2
    An adult 18 or over (not you) must serve a copy of the petition by one of the following methods to the Office of the County Counsel for Santa Clara County.
     

    Step 3
    The person who actually served the petition on the County should fill out the proof of service section at the bottom of page 2 of the petition, indicating how the service was carried out.

    Step 4
    File the petition with the attached signed proof of service at the Probate Clerk’s Office for Santa Clara County Superior Court, in Downtown Superior Court. There is no filing fee for this petition. You can do this by one of the following methods:

    Step 5
    Wait for the Court to respond to your request in the manner you indicated on the petition. If your request for a hearing is granted, the Court will instruct you on how to make a telephonic appearance.

    • Petition for Writ of Habeas Corpus Re: Quarantine Order (Local Form PB-4052 )
    • Personal Delivery to:
      Santa Clara County Office of County Counsel
      (please leave it with someone at the front desk but remember to ask for their name and title)
      Attn: County of Santa Clara, Office of the County Counsel
      Address:
      County of Santa Clara, Office of the County Counsel
      70 W. Hedding Street, 9th Floor, East Wing
      San Jose, CA 94618
       
    • Fax to:
      Attn: Santa Clara County, Office of the County Counsel
      Number: (408) 292-7240
      Subject line: Petition for Writ of Habeas Corpus Re: Quarantine Detention
    • Personal Delivery (other than yourself due to quarantine order) to:
      Probate Clerk’s Office, Room 107
      Attn: Probate Deputy Court Manager
      Address: 191 N. First St., San Jose, CA 95113
       
    • Fax to:
      Attn: Probate Clerk’s Office - Superior Court Deputy Court Manager
      Number: (408) 882-2694
      Subject line: Petition for Writ of Habeas Corpus Re: Quarantine Detention
      (All faxed petitions must meet the requirements of California Rules of Court 2.304 .)
       
    • E-mail (see note below) to:
      E-mail address: quarantinewrit@scscourt.org
      Subject line: Petition for Writ of Habeas Corpus Re: Quarantine Detention

    ALL paperwork must be sent as an attachment to the e-mail itself.
    If you are unable to save the form to your computer, then you will need to obtain a PDF converter.

    Primo® PDF converter is free and may be used (or you can choose another) to convert to PDF from any file you can print, including Microsoft® Word, Excel®, and PowerPoint® formats.

    To download now click on: Primo® PDF

  6. Can I hire an attorney or ask for assistance from the Public Defender’s Office?

    Yes, you can hire your own attorney at any time, or you can ask for an attorney to be appointed for you. You can also call the Public Defender Hotline at (408) 299-7790 Monday through Friday, 8 am - 5 pm (closed for lunch 12 noon - 1 pm).

  7. How will I know if the judge granted my request for a hearing?

    After the judge has made a decision, you will be notified by the clerk in the manner indicated on your petition. In other words, if you asked to be notified by phone then the clerk will call you at the number you listed on the petition.

    Similarly, if you asked to be notified by e-mail then the clerk will send you an e-mail with the date, time, location and phone number to call for your appearance.

  8. How do I show up for my court hearing to challenge the order if I am quarantined?

    Please do not violate the quarantine order as it is still in effect pending further order of the Court. Instead, you will be asked to phone into the courtroom on your scheduled hearing date and time. The clerk will notify you of which number to call at the same time he/she notifies you of the decision on your petition.

    Of course, your attorney may personally appear on your behalf for the court hearing.