Requesting a Restraining Order through the Juvenile Dependency Court

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    Juvenile Restraining Order Defined

    A Juvenile Restraining Order is a court order to protect a person suffering unlawful violence or credible threats of violence.

    The court can order a person not to:

    • Harass, attack, strike, threaten, assault, hit, follow, stalk, molest, destroy personal property of, disturb the peace of, keep under surveillance or block movements of the protected person.
    • Limit contact or order no contact.
    • Have a gun or ammunition.
    • Move.
    • Stay away from specified locations such as protected person’s workplace or home.
    • Other restrictions.

    Juvenile protective orders can be issued after a juvenile petition has been filed in either juvenile dependency or delinquency proceedings and prior to the time that the petition is dismissed or the dependency or wardship is dismissed. A juvenile restraining order can last up to three years.  The order will remain in effect until it expires, even if the juvenile case is dismissed.

    The person requesting the restraining order is called the protected person. The person against whom the restraining order is sought is called the restrained person.

    The instructions here are for requesting a restraining order in juvenile dependency court.  A request to restrain a minor in delinquency court is submitted using the JV-258, which is not discussed here.

     

    Requesting a Restraining Order in Dependency Court

    California Rule of Court 5.630 provides that a restraining order can be requested orally by any party at a scheduled court proceeding or can be ordered by the court on its own motion.  

    If you are a resource parent or relative caregiver and believe that it is in the foster child’s (and your) best interest to request protection from the court against a party in the dependency proceedings, you can discuss potentially restraining the person(s) with the case social worker and the child’s attorney.  Find out if the case social worker and/or the child’s attorney are willing to request the restraining order on the child’s behalf and include you and/or other family members as protected persons. If not, you may be able to do it on your own. If you need assistance with the forms, many county courthouses have self-help centers to assist with filling out restraining order paperwork.

     

    Forms to Complete 

    To request a restraining order from the juvenile dependency court, you will need to fill out and file the following forms directly with the court:

     

    Contesting a Request for a Juvenile Restraining Order Against You

    If you are served with an Application for a Juvenile Restraining Order and/or a Restraining Order, you should do the following:

     

    How Do I Get a Copy of a Restraining Order?

    If you are in court when the order is made by the judge, you will receive a copy of the restraining order. If you are not in court when the judge makes the order, then you may get a copy from your attorney (if you are represented) or from the juvenile court clerk.

    PROTECTED PERSONS SHOULD KEEP A CERTIFIED COPY OF THE ORDER WITH THEM AT ALL TIMES and should also carry a certified copy of the most recent child custody or visitation order issued by the juvenile court. You never know when you might need to show law enforcement a copy of the order.

     

    Legal Disclaimer: Advokids provides educational information and resources to those who use our website, call our hotline, or submit requests for information via the website. Any information provided may not be construed as the giving of legal advice to any person about a particular legal matter and should not be relied upon as the basis for taking a particular action or refraining from taking a particular action in any legal matter. If you want or need legal advice about a particular legal matter, you should consult a lawyer.

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