This page contains information concerning:
- What Is a Juvenile Restraining Order?
- Who Can Apply For a Restraining Order?
- Where is a Juvenile Restraining Order Filed?
- Forms to Complete
- Steps to Take to Get a Juvenile Restraining Order
- Contesting a Request for a Juvenile Restraining Order Against You
- How Do I Get a Copy of a Restraining Order?
- Guns and Firearms
- How to Get More Information
What Is a Juvenile Restraining Order?
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.
- Stay away from specified locations such as protected person’s workplace or home.
- Other restrictions.
Juvenile Protective Orders can be issued after a 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. The order can last up to three years.
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.
Who Can Apply For a Restraining Order?
A person who has the following relationship with the child:
- Social worker
- Probation officer
- Present caregiver of child
- Court-appointed special advocate
- And others who have an interest or relationship to the child
Juvenile Delinquency Protective Orders are usually filed by the District Attorney on behalf of a victim or may be requested by any party involved in the case.
Where is a Juvenile Restraining Order Filed?
A Juvenile Restraining Order is filed at the Lamoreaux Justice Center in the Juvenile Division Clerk’s Office. It is filed in the juvenile dependency or delinquency case.
FORMS TO COMPLETE
You need to complete:
- Request For Restraining Order-Juvenile (JV-245)
- Restraining Order-Juvenile (JV-250)
- Confidential CLETS Information (CLETS-001)
Steps to Take to Get a Juvenile Restraining Order
For assistance in getting a Juvenile Restraining Order, contact:
The District Attorney at the Lamoreaux Justice Center, 341 the City Drive, Orange, CA;
(714) 935-7624. You can read more about victim/witness rights, including restraining orders on the Orange County District Attorney website.
The attorney representing you.
The Victim-Witness Office administered by the Community Services Program, Inc. Read more about their services and locations.
The Superior Court of Orange County Self-Help Centers can provide you with information.
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:
Seek legal advice immediately. This website contains lawyer referral information.
Read the documents carefully.
Obey the Restraining Order, including turning in firearms to law enforcement or a licensed gun dealer. Read How Do I Turn In or Selll My Firearms? (JV-252-INFO) . You must also give to the court proof that you have complied in the form of a receipt or completing the form Proof of Firearms Turned In or Sold (JV-252) .
To contest a request for a juvenile restraining order, complete and file with the court an Answer To Request For Restraining Order-Juvenile (JV-247) .
Appear at the hearing with or without an attorney. If you do not appear at the hearing, the court may extend or modify the Restraining Order for up to three years without further notice to you.
How Do I Get a Copy of a Restraining Order?
If you are in court, 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 or from the Juvenile Court.
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, Family or Probate Court.
Guns and Firearms
The judge may order that the restrained person not own, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while a Restraining Order is in effect. If a restrained person violates this order, it can result in jail and/or $1,000.00 fine. The restrained person must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that he/she has or control in accordance with the order of the court. If the restrained person does not obey the court order, he or she can be charged with a crime.