Restraining Orders

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Simply put, a “Restraining Order” is a court order that can protect someone from being physically abused, threatened, stalked, or harassed.

There are several types of restraining orders and can these orders can come out of different branches of the superior court (i..e criminal, family, civil, juvenile, etc.) If a juvenile dependency court issues a restraining order, then the following forms must be used:

  • JV-245 The Application and Affidavit (supports request for order).
  • JV-250 The Restraining Order (issued by the court).

Restraining orders issued out of juvenile court have an expiration date placed on the front page. That is the date they expire – whether the case is open or closed. If you want to modify the juvenile restraining order (or any order like a custody order) after the juvenile case has been dismissed, then you go back to the family court. When a juvenile court case is dismissed and a custody order is set up the court opens a case in the family court. The forms have juvenile AND family court numbers once the case is dismissed (and the court gets around to assigning the family court case number).

Some things to think about when thinking about restraining orders:

    1) Often Juvenile cases do not do a good job of creating the restraining order. I think that the main culprit is that NOTICE is required to the person being restrained. So, if you don’t know where the father is, and a restraining order is filed, then that is great. It might work on the street once or twice. But if the father then proves he had no notice, then there is no way to prosecute him for violating the order.

    2) Juvenile Restraining orders are valid in all 50 states, and all U.S.
    territories (including tribal lands). These other jurisdictions should enforce it as if it were there own order. However, that does not mean that the out-of-state jurisdiction can pull the order up on their computer. Always keep a copy of the order on hand, and let your local law enforcement know about the order.

    3) A couple of years ago one used to have to make sure that the local jurisdiction knew that the order was in place. Now, however, the DOJ has streamlined this process. When you file it, it goes into CLETS, and law enforcement throughout California should be able to see it.

    4) Pay attention to possible criminal restraining orders that might be floating around. Restraining orders form the criminal court cannot be modified by anyone other than the criminal court. Current and valid Criminal Restraining Orders trump Juvenile Restraining orders even if they are older.