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§2.03 Restraining Orders

After a dependency petition is filed, and until the petition is dismissed or dependency is terminated, you may issue ex parte or noticed restraining orders [WIC §§213.5(a), 304; CRC 5.620(b), 5.630(a), (b); see CCP §527, and form JV-250], including orders that:

  • Enjoin a person from molesting, attacking, stalking, or otherwise harming a child or anyone in the household as specified;
  • Exclude a person from a dwelling;
  • Enjoin a person from contacting, threatening, or disturbing the peace of a child;
  • Enjoin conduct against a parent, guardian, or current caretaker; or
  • Restrain parents of a dependent child from threatening any social worker who provides services [WIC §340.5; In re Matthew F. (2005) 132 CA4th 883, 888].

An application for a restraining order may be made orally, by written application, or on your own motion. The written application must be submitted on form JV-245, a request for a restraining order, along with form CLETS-001, a confidential CLETS information form. [CRC 5.630(b).]

You must order that any enjoined party is prohibited from taking any action to obtain the address or location of a protected party or a protected party's family members, caretakers, or guardian, unless there is good cause not to make that order. [WIC §213.7(a).]

The juvenile court is not precluded from entering a restraining order against a parent in dependency proceedings, even though a criminal court may previously have entered a restraining order against the parent, when the parties and remedies in the two proceedings are not the same, neither court has the power to bring all of the parties before it, court rules provide that a juvenile court restraining order could coexist with a criminal court restraining order, and there is no conflict between the two restraining orders. [In re B.S., Jr. (2009) 172 CA4th 183, 190.]

You may reissue a restraining order. [See CRC 5.630(e); form JV-251/FL-306.]


   
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© 2006 by Judicial Council of California
updated as of January 1, 2012