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2014 California Rules of Court

Rule 5.630. Restraining orders

(a) Court's authority

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.

(Subd (a) amended effective January 1, 2012.)

(b) 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)The written application must be submitted on Request for Restraining Order-Juvenile (form JV-245).

(3)A person requesting a restraining order in writing must submit to the court with the request a completed Confidential CLETS Information Form (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.)

(c) 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.

(Subd (c) adopted effective January 1, 2012.)

(d) Applications-procedure

The application may be submitted without notice, and the court may grant the petition and issue a temporary order.

(1)In determining whether or not to issue the temporary restraining order without notice, the court must consider all documents submitted with the application and may review the contents of the juvenile court file regarding the child.

(2)The temporary restraining order must be prepared on Notice of Hearing and Temporary Restraining Order-Juvenile (form JV-250) and must state on its face the date of expiration of the order.

(Subd (d) amended effective January 1, 2014; adopted as subd (c); previously amended and relettered as subd (f) effective January 1, 2003; previously amended effective January 1, 2007; previously amended and relettered effective January 1, 2012.)

(e) Reissuance

(1)The court may, on its own motion or the filing of a declaration by the person seeking the restraining order, find that the person to be restrained could not be served within the time required by the law and reissue an order previously issued and dissolved by the court for failure to serve the person to be restrained.

(2)The reissued order must state on its face the date of expiration of the order.

(3)Either Application and Order for Reissuance of Temporary Restraining Order-Juvenile (form JV-251) or a new Notice of Hearing and Temporary Restraining Order-Juvenile (form JV-250) must be used for this purpose.

(Subd (e) amended effective January 1, 2014; adopted as subd (g) effective January 1, 2003; previously amended effective January 1, 2004, and January 1, 2007; amended and relettered effective January 1, 2012.)

(f) 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 order after hearing must be prepared on Restraining Order-Juvenile (form JV-255) and must state on its face the date of expiration of the order.

(Subd (f) amended effective January 1, 2014; adopted as subd (d); previously amended effective January 1, 2007; previously amended and relettered as subd (h) effective January 1, 2003, and as subd (f) effective January 1, 2012.)

(g) Service of restraining order

When service of Notice of Hearing and Temporary Restraining Order-Juvenile (form JV-250) or Restraining Order-Juvenile (form JV-255) is made, it must be served with a blank Proof of Firearms Turned In or Sold (form DV-800/JV-252) and How Do I Turn In or Sell Firearms? (form DV-800-INFO/JV-252-INFO). Failure to serve form JV-252 or JV-252-INFO does not make service of form JV-250 or form JV-255 invalid.

(Subd (g) amended effective January 1, 2014; adopted effective January 1, 2012.)

(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) adopted effective January 1, 2012.)

(i) Criminal records search (§ 213.5 and Stats. 2001, ch. 572, § 7)

(1)Except as provided in (3), before any hearing on the issuance 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).

(3)The requirements of (1) and (2) must be implemented in those courts identified by the Judicial Council as having resources currently available for these purposes. All other courts must implement the requirements to the extent that funds are appropriated for this purpose in the annual Budget Act.

(Subd (i) amended effective January 1, 2012; adopted effective January 1, 2003; previously amended effective January 1, 2007.)

(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 Welfare and Institutions Code section 388 and rule 5.560.

(2)A termination or modification order must be made on Change to Restraining Order After Hearing (form JV-257). A new Restraining Order-Juvenile (form JV-255) may be prepared in addition to form JV-257.

(Subd (j) amended effective January 1, 2014; adopted effective January 1, 2012.)

(k) Restraining orders issued by other courts

(1)A restraining order issued by the juvenile court under section 213.5 takes precedence over any other court order except the following:

(A)A conflicting criminal court order; or

(B)An Emergency Protective Order that is more restrictive than the juvenile court order.

(Subd (k) amended and relettered effective January 1, 2012; adopted as subd (l) effective January 1, 2003; previously amended effective January 1, 2007.)

Rule 5.630 amended effective January 1, 2014; adopted as rule 1429.5 effective January 1, 2000; amended and renumbered effective January 1, 2007; previously amended effective January 1, 2003, January 1, 2004, and January 1, 2012.

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