Rule 5.630 - 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.(Subd (a) amended effective January 1, 2023; previously effective January 1, 2012.)
(b) The definition of abuse in Family Code section 6203 applies to restraining orders issued under Welfare and Institutions Code section 213.5. (Subd (b) relettered effective; January 1, 2023); adopted as subd (c) effective January 1, 5 2012.)
(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 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. (Subd (b) amended effective January 1, 2012; previously amended effective January 1, 2003, January 1, 2004, and January 1, 2007.)
(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 Notice of Court Hearing and Temporary Restraining Order-Juvenile (form JV-250) or, if the restrained person is the subject of a petition under section 601 or 602, on Notice of Court Hearing and Temporary Restraining Order Against a Child (form JV-260), and must state on its face the date of expiration of the order. (Subd (c) amended and relettered effective January 1, 2023; adopted as subd (b); previously amended effective January 1, 2003, January 1, 2004, January 1, 2007, and January 1, 2012.)
(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 23 Order Hearing (form JV-253) (form JV-251) or a new Notice of Court Hearing and Temporary Restraining Order-Juvenile (form JV-250) must be used to grant or deny a request for continuance. 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 Temporary Restraining Order Against a Child (form JV-260) must be used. (Subd (d) amended and relettered effective January 1, 2023; adopted as subd (g) effective January 1, 2003; amended and relettered as subd (e) effective January 1, 2012; previously amended effective January 1, 2004, January 1, 2007, and January 1, 2014, and July 1, 2016.)
(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 restrainedperson 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. (Subd (e) amended and relettered effective January 1, 2023; adopted as subd (d); previously amended effective January 1, 2007, and January 1, 2014; previously amended and relettered as subd (h) effective January 1, 2003, and as subd (f) effective January 1, 2012.)
(f) Service of restraining order When service of Notice of Court Hearing and Temporary Restraining Order-Juvenile (form JV-250), Notice of Court Hearing and Temporary Restraining Order Against a Child (form JV-260), Juvenile Restraining Order After 23 Hearing (form JV-255), or Juvenile Restraining Order After Hearing-Against a Child (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.
(Subd (f) amended and relettered effective January 1, 2023; adopted as subd (g) effective January 1, 2012; previously amended effective January 1, 2014, and July 1, 2014.)
(g) Firearm relinquishmentThe firearm and ammunition relinquishment procedures in Family Code sections 6322.5 and 6389 also apply to restraining orders issued under section 213.5.
(Subd (g) amended and relettered effective January 1, 2023; adopted as subd (h) effective July 1, 2014.)
(h) Expiration of restraining order If the juvenile case is dismissed, the restraining order remains in effect until it expires or is terminated.
(Subd (h) relettered effective January 1, 2023; adopted as subd (h) effective January 1, 32012; relettered as subd (i) effective July 1, 2014.)
(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). (Subd (i) amended and relettered effective January 1, 2023; adopted as subd (i) effective January 1, 2003; previously amended effective January 1, 2007, and January 1, 2012, previously relettered as subd (j) effective July 1, 2014.)
(j) Modification of restraining order(1) A restraining order may be modified on the court's own motion or in the manner provided for in section 388 or 778, as appropriate, and rule 5.570.(2) A termination or modification order must be made on Change to Restraining Order After Hearing (form JV-257). A new Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained 36 person is the subject of a petition under section 601 or 602, a new Juvenile 37 Restraining Order After Hearing-Against a Child (form JV-265), may be prepared in addition to form JV-257. (Subd (j) amended and relettered effective January 1, 2023; adopted as subd (j) effective January 1, 2012; previously amended effective January 1, 2014; previously relettered as subd (k) effective July 1, 2014.)
Rule 5.630 amended September 20, 2022, effective 1/1/2023; amended effective 7/1/2016; adopted as rule 1429.5 effective 1/1/2000; amended and renumbered effective 1/1/2007; previously amended effective 1/1/2003,1/1/2004,1/1/2012,1/1/2014, and7/1/2014.