Restraining orders

(a) Court's authority (§§ 213.5, 304)

(1) After a petition has been filed under section 300, 601, or 602, and until the petition is dismissed or dependency or wardship is terminated, or the ward is no longer on probation, the court may issue restraining orders as provided in section 213.5. The juvenile court has exclusive jurisdiction under section 213.5 to issue a restraining order to protect the child who is the subject of a petition under section 300, or any other child in the household.

(2) The juvenile court, on its own motion, may issue an order as provided for in section 213.5, or as described in Family Code section 6218.

(b) Definition of abuse

The definition of abuse in Family Code section 6203 applies to restraining orders issued under Welfare and Institutions Code section 213.5.

(c) Application for restraining orders

(1) Application for restraining orders may be made orally at any scheduled hearing regarding the child who is the subject of a petition under section 300, 601, or 602, or may be made by written application, or may be made on the court's own motion.

(2) If the application is made orally and the court grants a temporary order, the court may direct the requesting party to prepare a temporary order, as directed in (8) below, obtain the judicial officer's signature, file the order with the court, and serve the order on the restrained person.

(3) If the application is made in writing, it must be submitted on Request for Juvenile Restraining Order (form JV-245) or, if the request is for a restraining order against the child or youth who is the subject of a petition under section 601 or 602, on Request for Juvenile Restraining Order Against a Child (form JV-258).

(4) A person applying for a restraining order in writing must submit to the court with the application a completed Confidential CLETS Information (form CLETS-001) under rule 1.51.

(5) If the application is related to domestic violence, the application may be submitted without notice, and the court may grant the request and issue a temporary order.

(6) If the application is not related to domestic violence, the notice requirements in Code of Civil Procedure section 527 apply.

(7) In determining whether or not to issue the temporary restraining order, the court must consider all documents submitted with the application and may review the contents of the juvenile court file regarding the child.

(8) The temporary restraining order must be prepared on Temporary Restraining Order—Juvenile (form JV-250) or, if the restrained person is the subject of a petition under section 601 or 602, on Temporary Restraining Order Against a Child (form JV-260), and must state on its face the date of expiration of the order.

(d) Continuance

(1) The court may grant a continuance under section 213.5.

(2) The court must grant one request for continuance by the restrained party for a reasonable period of time to respond to the petition.

(3) A written request for a continuance must be made on Request to Reschedule Restraining Order Hearing (form JV-251).

(4) Either Order on Request to Reschedule Restraining Order Hearing (form JV-253) or a new Notice of Court Hearing (form JV-249) may be used to grant or deny a request for a continuance and, if granted, a Temporary Restraining Order—Juvenile (form JV-250) may be issued. If the restrained person is the subject of a petition under section 601 or 602, either form JV-253 or a new Notice of Court Hearing and (form JV-249) may be used and, if granted, Temporary Restraining Order Against a Child (form JV-260) may be issued.

(e) Hearing on application for restraining order

(1) Proof may be by the application and any attachments, additional declarations or documentary evidence, the contents of the juvenile court file, testimony, or any combination of these.

(2) The restraining order hearing may be held at the same time as any hearing to declare the child a dependent or ward of the juvenile court under section 300, 601, or 602, or subsequent hearings regarding the dependent or ward.

(3) The restraining order hearing must be held within the timelines in section 213.5(c)(1).

(4) The order after hearing must be prepared on Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained person is the subject of a petition under section 601 or 602, Juvenile Restraining Order After Hearing-Against a Child (form JV-265), and must state on its face the date of expiration of the order.

(f) Service of firearms prohibition forms

When service of Temporary Restraining Order—Juvenile (form JV-250), Temporary Restraining Order Against a Child (form JV-260), Juvenile Restraining Order After Hearing (form JV-255), or Juvenile Restraining Order Against a Child—Order After Hearing (form JV-265) is made, it must be served with a blank Receipt for Firearms, Firearm Parts, and Ammunition (form DV-800/JV-270) and How Do I Turn In, Sell, or Store Firearms, Firearm Parts, and Ammunition? (form DV-800-INFO/JV-270-INFO). Failure to serve form JV-270 or JV-270-INFO does not make service of form JV-250, form JV-255, form JV-260, or form JV-265 invalid.

(g) Firearm relinquishment

The firearm and ammunition relinquishment procedures in Family Code sections 6322.5 and 6389 also apply to restraining orders issued under section 213.5.

(h) Expiration of restraining order

If the juvenile case is dismissed, the restraining order remains in effect until it expires or is terminated.

(i) Criminal records search (§ 213.5(k))

(1) Before any hearing on the issuance or denial of a restraining order, the court must ensure that a criminal records search is or has been conducted as described in Family Code section 6306(a). Before deciding whether to issue a restraining order, the court must consider the information obtained from the search.

(2) If the results of the search indicate that an outstanding warrant exists against the subject of the search, or that the subject of the search is currently on parole or probation, the court must proceed under section 213.5(k)(3).

(j) Modification of restraining order

(1) When a juvenile court case is open a restraining order may be terminated or modified as follows:

(A) A restraining order may be terminated or modified on the court’s own motion or in the manner provided for in section 388 or 778, as appropriate, and rule 5.570.

(B) A termination or modification order must be made on Order to Change or End Restraining Order After Hearing (form JV-257).

(C) A modification order must also be made on a new Restraining Order After Hearing (form JV-255) or, if the restrained person is the subject of a petition under section 601 or 602, a new Juvenile Restraining Order Against a Child—Order After Hearing (form JV-265).

(2) When a juvenile court case is closed Restraining Order After Hearing (form JV-255) may be terminated or modified under rule 5.92