Restraining Order-Juvenile (CLETS-JUV) Form. This is a California form and can be use in Juvenile Judicial Council.
Tags: Restraining Order-Juvenile (CLETS-JUV), JV-250, California Judicial Council, Juvenile
JV-250 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): TELEPHONE NO. (Optional): FOR COURT USE ONLY FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CASE NAME: CASE NUMBERS: RESTRAINING ORDER—JUVENILE Temporary Order JUVENILE: Order After Hearing FAMILY: This temporary order will expire at midnight on (must be within 15 days of the temporary order or, upon a finding of good cause, within 20 days; specify date): This order after hearing will expire at midnight on (not more than three years from date of hearing; specify date): 1. a. Ex parte order (1) Person to be restrained received notice. (2) Person to be restrained did not receive notice. (3) If, at the hearing, the judge makes a restraining order that has the same orders as in this form, the person to be restrained will receive a copy of that order by mail at his or her last known address. (Write restrained person's address here): Note: If this address is not correct or to determine whether the orders were made permanent, contact the clerk of this court. b. Date of hearing: Time: Dept.: Room: c. Judicial officer (name): d. Persons and attorneys present (names): e. Person to be restrained present. No further service needed. f. Person to be restrained not present. (1) The judge's orders in this form are the same as in the prior temporary restraining order except for the end date. The restrained person can be served by mail. (2) The judge's orders are different from those in the prior temporary restraining order. Someone—not the person or persons to be protected—must personally serve a copy of this order on the restrained person. THE COURT FINDS AND ORDERS 2. This order is based on the following findings of fact by the court: Page 1 of 4 Form Adopted for Mandatory Use Judicial Council of California JV-250 [Rev. July 1, 2006] RESTRAINING ORDER—JUVENILE (CLETS—JUV) Welfare and Institutions Code, §§ 213.5, 213.7, 304, 362.4, 726.5; Family Code, §§ 6218, 6389; Penal Code, §§ 136.2, 12021(g) www.courtinfo.ca.gov American LegalNet, Inc. www.USCourtForms.com JV-250 CASE NAME: CASE NUMBERS: JUVENILE: FAMILY: 3. Persons to be protected (insert full names of all persons to be protected): 4. Person to be restrained (full name): Sex: F Ht.: M Wt.: Hair color: Eye color: Race: Age: Date of birth: 5. Restrained person must not harass, attack, strike, threaten, assault (sexually or otherwise), hit, follow, stalk, molest, destroy personal a. property of, disturb the peace of, keep under surveillance, or block movements of any person named in item 3. b. must not contact (either directly or indirectly), or telephone, or send messages or mail or e-mail to any person named in item 3 (1) except for brief and peaceful contact as required for court-ordered visitation of children, as provided in item 5e, unless a criminal protective order says otherwise. (2) except for peaceful written contact through a process server or another person to serve legal papers related to a court case. c. must move immediately from (address): and take only personal clothing and effects. d. must stay away at least (specify): are optional and may be kept confidential): (1) yards from the following persons and places (the addresses of these places Protected persons named in item 3 (2) Protected person’s residence (address optional): (3) (4) Protected person’s place of work (address optional): The children’s school or place of child care (address optional): (5) Protected person’s vehicle (description optional): (6) Other (specify): e. has the right to visit the minor children named in item 3 as follows: (1) None (2) Visitation according to the attached schedule (form JV-205 must be attached if any visitation is ordered) f. must NOT remove the minor children named in item 3 from the state of California other (specify): without order of the court or other condition (specify): g. must NOT take any action to get the address or location of any person named in item 3 or the addresses or locations of the family members, caregivers, or guardians of any persons named in item 3. JV-250 [Rev. July 1, 2006] RESTRAINING ORDER—JUVENILE (CLETS—JUV) Page 2 of 4 JV-250 CASE NAME: CASE NUMBERS: JUVENILE: FAMILY: 6. The child is a ward of the court or the subject of a petition under Welfare and Institutions Code section 601 or 602 and must not contact, threaten, stalk, or disturb the peace of (list names): 7. The juvenile court has has not terminated jurisdiction over the minor children named in item 3. 8. Firearms restriction prohibition Within 24 hours after receiving this order, the restrained person is ordered to give up any firearms in or subject to his or her immediate possession or control. Any firearms should be surrendered to the control of local law enforcement or to a licensed gun dealer. Within 72 hours of receiving this order, the restrained person must provide the court with a receipt or with form DV-800/JV-252 (Proof of Firearms Turned In or Sold) showing compliance with this order. 9. A criminal protective order on form CR-160 is in effect: case number (specify): (expiration date): in (specify county, if known): Conflicting Orders If a criminal restraining order (form CR-160) conflicts with a juvenile restraining order (form JV-250), a law enforcement agency must enforce the criminal order. Even if the criminal order is older, the officer must still enforce it over the juvenile order. (Penal Code, § 136.2(h).) Any nonconflicting terms of the juvenile custody or visitation order remain in full force. An emergency protective order (form EPO-001) that is in effect between the same parties and that is more restrictive than other restraining orders takes precedence over all other restraining orders. (Pen. Code, § 136.2.) 10. Other orders (specify): TO THE PERSON RESTRAINED UNDER A TEMPORARY ORDER A court hearing has been set at the time and place indicated below. You may attend this hearing, with or without an attorney, to provide any legal reason that the orders above should not be extended. If you do not appear at this hearing, the court may extend or modify the orders for up to three years without further notice to you. Date: Time: Dept: Room: Date: JUDICIAL OFFICER JV-250 [Rev. July 1, 2006] RESTRAINING ORDER—JUVENILE (CLETS—JUV) Page 3 of 4 JV-250 CASE NAME: CASE NUMBERS: JUVENILE: FAMILY: This order is effective when made. It is enforceable in all 50 states, the District of Columbia, all tribal lands, and all U.S. territories and shall be enforced as if it were an order of that jurisdiction by any law enforcement agency that has received the order, is shown a copy of the order, or has verified its existence on the California Law Enforcement Telecommunications System (CLETS). If proof of service on the restrained person has not been received and the restrained person was not present at the court hearing, the law enforcement agency shall advise the restrained person of the terms of the order and then shall enforce it. Violations: Any person subject to a restraining order is prohibited from owning, purchasing or attempting to purchase, receiving or attempting to receive, or otherwise obtaining a firearm. Such conduct is subject to a $1,000 fine and imprisonment. Under federal law, the issuance of a restraining order after hearing will generally prohibit the restrained person from owning, accepting, transporting, or possessing firearms or ammunition. A violation of this prohibition is a separate federal crime. Violation of this restraining order may be punished as a contempt of court, a misdemeanor punishable by one year in jail or a $1,000 fine, or both, or a felony. Taking or concealing a child in violation of this order is subject to state and federal criminal penalties. Certificate of Compliance With VAWA for Temporary Orders This temporary protective order meets all Full Faith and Credit requirements of the Violence Against Women Act, 18 U.S.C. § 2265 (1994) (VAWA) upon notice of the restrained person. This court has jurisdiction over the parties and the subject matter; the restrained person has been or will be afforded notice and a timely opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in all jurisdictions throughout the 50 United States, the District of Columbia, all tribal lands, and all U.S. territories, commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction. Certificate of Compliance With VAWA for Orders After Hearing This protective order meets all Full Faith and Credit requirements of the Violence Against Women Act, 18 U.S.C. § 2265 (1994) (VAWA). This court has jurisdiction over the parties and the subject matter; the restrained person has been afforded reasonable notice and an opportunity to be heard as provided by the laws of this jurisdiction. This order is valid and entitled to enforcement in all jurisdictions throughout the 50 United States, the District of Columbia, all tribal lands, and all U.S. territories, commonwealths, and possessions and shall be enforced as if it were an order of that jurisdiction. CLERK’S CERTIFICATE [SEAL] I certify that the foregoing Restraining Order—Juvenile is a true and correct copy of the original on file in the court. Date: JV-250 [Rev. July 1, 2006] Clerk, by RESTRAINING ORDER—JUVENILE (CLETS—JUV) , Deputy Page 4 of 4