The California JV-250 form is a legal document used to request a temporary restraining order in juvenile cases. This form outlines the details of the protected and restrained persons, the nature of the restraining order, and the scheduled court hearing. For those needing to fill out the form, please click the button below.
The California JV-250 form is a crucial document in the juvenile justice system, primarily used to request temporary restraining orders involving minors. It serves multiple purposes, including notifying parties of upcoming court hearings and outlining the specific restrictions placed on the restrained individual. The form collects essential information about both the protected and restrained persons, including their names, ages, and relationships to the child involved. Additionally, it specifies the conditions under which the restrained person must operate, such as prohibiting contact with the protected individuals and maintaining a certain distance from them. The JV-250 also details the legal ramifications of violating these orders, which can include criminal charges and penalties. Furthermore, it establishes a timeline for the orders, indicating when they will expire unless extended by the court. This form is a vital tool for safeguarding the welfare of minors and ensuring that legal protections are clearly communicated and enforced.
JV-250
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME:
NOTICE OF HEARING
AND TEMPORARY
CASE NUMBER:
JUVENILE:
RESTRAINING ORDER—JUVENILE
FAMILY:
1.Protected persons
Full Name:
Sex:
Age:
Relationship to Child:
2.Restrained person
M
F
Height:
Weight:
Hair Color:
Eye Color:
Race:
Date of Birth:
Address (if known):
City:
State:
Zip:
3.Expiration date/Notice of court hearing
A court hearing is scheduled on the request for restraining orders against the person in item 2. Any temporary orders granted will expire at the end of the hearing scheduled for the date and time shown in the box below unless otherwise ordered. At the hearing, the judge may make restraining orders that could last up to three years.
Name and address of court if different from above:
Hearing
Date & Date:
Time:
Time
Dept.:
Room:
Page 1 of 4
Form Adopted for Mandatory Use
Judicial Council of California JV-250 [Rev. January 1, 2014]
Welfare and Institutions Code, §§ 213.5, 213.7, 304, 362.4, 726.5; Family Code, §§ 6218, 6380, 6389; Penal Code, §§ 136.2, 29825 www.courts.ca.gov
4.
5.
Hearing on this temporary restraining order
a. Date hearing held:
b.Judicial officer (name):
c.Persons and attorneys present (names):
Temporary orders (select one):
a.
Granted. The court has granted the temporary orders that are checked below.
b.
Not granted. No temporary orders are granted pending the scheduled hearing in item 3.
THE COURT FINDS AND ORDERS
6.
Restrained person (child in delinquency proceedings) (Complete either 6 or 7, not both.)
a.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 the person or persons in item 1.
b. may have peaceful contact with the protected persons in item 1 only for the safe exchange of children for court- ordered visitation as stated in the attached Family, Juvenile, or Probate court order in Case No.
issued on (date):
, as an exception to the "no-contact" provision in item 6a of this order.
c.
may have peaceful contact with the protected persons in item 1 only for the safe exchange of children for visitation as stated in a Family, Juvenile, or Probate court order issued after the date this order is signed, as an exception to the "no-contact" provision in item 6a on this order.
7.
Restrained person (other than child in delinquency proceeding) (Complete either 6 or 7, not both.)
a.must not do the following things to the person or persons in item 1:
(1)
Molest, attack, strike, stalk, threaten, sexually assault, batter, harass, destroy the personal property of, or
disturb the peace.
(2) Contact, either directly or indirectly in any way, including but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by other electronic means.
except for visitation as indicated in c below.
must stay away at least (specify):
yards from
protected person or persons in item 1, except for visitation as indicated in c below.
(2)
home of person or persons in item 1.
(3)
job or workplace of person or persons in item 1.
(4)
vehicle of person or persons in item 1.
(5)
school of person or persons in item 1.
(6)
the children’s school or child care.
(7)
Other (specify):
has the right to visit the minor children named in item 1 as follows:
None
Visitation according to the attached schedule (Form JV-205 must be attached if any visitation is ordered.)
d.
must move immediately from (address):
and take only personal clothing and belongings.
e.
must NOT take any action to get the address or location of any person named in item 1 or the addresses or
locations of the family members, caregivers, or guardians of any persons named in item 1. If this box is not
checked, the court has found good cause not to make this order.
JV-250 [Rev. January 1, 2014]
Page 2 of 4
8.No guns or other firearms or ammunition (Applies only if box 5a is checked on this form.)
a.The restrained person cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition.
b.The restrained person must
•sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms within his or her immediate possession or control. This must be done within 24 hours of being served with this order.
•file a receipt with the court within 48 hours of receiving this order that proves guns have been turned in or sold. (Proof of Firearms Turned In or Sold (form DV-800/JV-252) may be used for the receipt.)
•bring a copy of the receipt or Proof of Firearms Turned In or Sold (form DV-800/JV-252) to the hearing listed in item 3.
The court has received information that the restrained person owns or possesses a firearm.
9.
10.
The protected persons have the right to record communications made by the restrained person that violate the judge's orders.
Other orders (specify):
11.
A criminal protective order on form CR-160 is in effect as follows:
Case number:
(expiration date):
County (if known):
12.Transmittal order. The data in this order must be transmitted within one business day to law enforcement personnel.
This order must be entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS).
The court will enter the order into CARPOS through CLETS directly.
The court or its designee will transmit a copy of the order to a local law enforcement agency authorized by the Department of Justice to enter orders into CARPOS through CLETS.
If designee, insert name:
13.
14.
Service of temporary order
Restrained person was present at the time the order was made. No further service is needed. Restrained person was not present at the time the order was made. This order must be served.
Service of this notice of hearing must be at least
five or
(specify):
days before the hearing.
Date:
JUDICIAL OFFICER
Page 3 of 4
Warnings to the Restrained Person
If you do not obey these orders, you can be arrested and charged with a crime. And you may have to go to jail or prison, pay a fine of up to $1,000, or both. Taking or hiding a child in violation of this order is subject to state and federal criminal penalties.
You cannot have guns, firearms, or ammunition. If box 5a is checked, the court issued a temporary restraining order, which means you cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while the order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that you have or control. The judge will ask you for proof that you did so. If you do not obey this order, you can be charged with a crime. Federal law says you cannot have guns or ammunition while the order is in effect.
Service of order by mail. If the judge makes a restraining order at the hearing, which has the same orders as in this form, you will get a copy of that order by mail at your last known address, which is written in item 2. If this address is not correct, or to find out if the orders were made permanent, contact the court.
Instruction for Law Enforcement
Applicable only if box 5a is checked.
Enforcing the restraining order. 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.
Conflicting orders. If a criminal protective 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. (Pen. Code, § 136.2.) 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.)
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) (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 those jurisdictions.
CLERK’S CERTIFICATE
[SEAL]
I certify that the foregoing Temporary Restraining Order—Juvenile
is a true and correct copy of
the original on file in the court.
Clerk, by
, Deputy
Page 4 of 4
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Completing the California JV-250 form requires careful attention to detail. This form is crucial for requesting a temporary restraining order in juvenile cases. Ensure that all information is accurate and complete to facilitate a smooth legal process.
After completing the form, review all entries for accuracy. Submit the form to the appropriate court and keep a copy for your records. Timely submission is essential to ensure that the necessary legal protections are in place before the scheduled hearing.
The California JV-250 form is used to request a temporary restraining order in juvenile cases. It is designed to protect individuals, particularly minors, from potential harm by a restrained person. The form includes information about the protected and restrained individuals, the court hearing details, and the specific orders being requested. This form ensures that the court is informed about the circumstances and can make decisions to safeguard the well-being of the affected parties.
The JV-250 form can be filed by a parent, guardian, or other adult acting on behalf of a minor who needs protection. It may also be filed by the minor themselves, depending on their age and circumstances. The person filing the form must provide relevant details about the relationship to the minor and the reasons for seeking a restraining order. It is crucial that the filing party has a legitimate concern for the safety and welfare of the minor involved.
During the court hearing, the judge will review the information provided in the JV-250 form and any additional evidence presented. The hearing is an opportunity for both the protected person and the restrained person to share their perspectives. The judge may issue temporary orders that can last up to three years, depending on the situation. It is essential for all parties to attend the hearing, as the outcome will determine the level of protection granted.
The judge can either grant or deny the temporary restraining order based on the evidence presented. If granted, the order may include specific conditions that the restrained person must follow, such as staying a certain distance away from the protected person. If denied, the court may provide reasons for the decision and outline any next steps or alternative options available. In some cases, the judge may also schedule a follow-up hearing to review the situation further.
Violating a JV-250 order can lead to serious legal consequences. The restrained person may face arrest and criminal charges, which could result in jail time, fines, or both. Additionally, any attempts to contact or harm the protected person can lead to further legal action. It is vital for the restrained individual to adhere strictly to the terms of the order to avoid these penalties and ensure compliance with the law.
Incomplete Information: One of the most common mistakes is failing to fill out all required fields. Each section of the JV-250 form is crucial for the court's understanding of the case. Missing details can lead to delays or even dismissal of the request.
Incorrect Names: Ensure that the names of all parties involved are spelled correctly. Errors in names can create confusion and complicate legal proceedings.
Failure to Provide Accurate Dates: Dates are vital, especially regarding the expiration of temporary orders and hearing dates. Providing incorrect dates can result in legal issues or misunderstandings.
Ignoring the Hearing Details: The hearing date, time, and location must be clearly stated. Omitting this information or providing incorrect details can lead to missed court appearances.
Not Specifying Relationships: When detailing the relationship of the protected persons to the child, clarity is key. Vague descriptions may hinder the court's ability to assess the situation effectively.
Neglecting to Review Before Submission: Failing to double-check the form for errors or omissions can be detrimental. Taking a moment to review can prevent unnecessary complications later on.
The California JV-250 form is a crucial document used in juvenile restraining order cases. It outlines the details of the hearing and the temporary restraining order against a restrained person. However, several other forms and documents often accompany the JV-250, each serving a specific purpose in the legal process. Below is a list of these forms and a brief description of each.
Understanding these accompanying documents can significantly impact the outcome of a juvenile restraining order case. Each form plays a vital role in ensuring that the rights and safety of all parties involved are upheld. It is essential to handle these documents with care and to seek legal guidance if needed.
The California JV-250 form is similar to the Domestic Violence Restraining Order (Form DV-100). Both documents serve to protect individuals from harm by establishing legal boundaries between a restrained person and the protected individual. They outline the conditions under which the restrained person must stay away from the protected individual, including details about contact restrictions and potential visitation rights. The DV-100 also includes provisions for firearm restrictions, similar to those found in the JV-250, ensuring that individuals who pose a threat cannot access weapons.
Another document similar to the JV-250 is the Civil Harassment Restraining Order (Form CH-100). This form is used to protect individuals from harassment by someone who does not have a close relationship with them. Like the JV-250, it provides a framework for establishing distance and communication restrictions. Both forms require a court hearing to finalize the orders, and they aim to ensure the safety of the protected person by legally restricting the behavior of the restrained individual.
The Temporary Restraining Order (TRO) for Adults (Form DV-110) is also comparable. This form is typically used in situations involving adult victims of domestic violence. Both the JV-250 and DV-110 aim to provide immediate protection and outline specific restrictions on the restrained person's actions. They both require a court hearing to determine the duration and conditions of the restraining order, which can lead to longer-term protections if necessary.
The Emergency Protective Order (EPO) is another document that shares similarities with the JV-250. An EPO is often issued in urgent situations where immediate protection is needed. Both forms can include similar restrictions on contact and behavior, although the EPO is typically temporary and meant for immediate situations. The JV-250, while also temporary, is used in juvenile contexts and requires a scheduled court hearing for further actions.
The Family Law Restraining Order (Form FL-300) is another relevant document. This form is used in family law cases, often involving divorce or child custody disputes. Like the JV-250, it can impose restrictions on contact and behavior, particularly regarding children involved in custody arrangements. Both forms aim to protect individuals from potential harm while navigating legal proceedings related to family matters.
The Criminal Protective Order (Form CR-160) is also similar to the JV-250. This order is typically issued in criminal cases, particularly when the defendant poses a threat to the victim. Both forms aim to ensure the safety of individuals and can include similar restrictions on contact and behavior. However, the CR-160 is often more focused on criminal matters, while the JV-250 is tailored for juvenile situations.
The Workplace Violence Restraining Order (Form WV-100) is another document that resembles the JV-250. This form is designed to protect employees from violence or threats in the workplace. Both forms establish boundaries and restrictions on the restrained person's behavior, ensuring that the protected individual can work without fear of harm. They both involve court hearings to determine the terms of the restraining order.
Lastly, the Child Custody and Visitation Order (Form FL-340) is similar in that it addresses the welfare of children in legal proceedings. While primarily focused on custody arrangements, it can incorporate elements of protection similar to the JV-250. Both documents emphasize the importance of the child's safety and well-being, often requiring court involvement to finalize arrangements and restrictions.
When filling out the California JV-250 form, there are specific actions you should take and others you should avoid to ensure the process goes smoothly. Here’s a guide to help you navigate this important task.
By following these guidelines, you can avoid common pitfalls and help ensure that your JV-250 form is processed efficiently. Taking the time to do it right can make a significant difference in the outcome of your case.
This form is used for various types of restraining orders, including emotional abuse, harassment, and threats. It is not limited to physical violence.
Temporary orders are just that—temporary. They expire at the end of the scheduled hearing unless the court decides to extend them.
The restrained person has the right to attend the hearing. Their presence can influence the court's decision regarding the restraining order.
While it is designed for juvenile cases, it can also apply to adults if they are involved in the juvenile system.
The JV-250 form does not automatically dictate custody. Any custody arrangements must be specified in separate court orders.
The protected person has the right to record any communications that violate the court's orders. This can serve as evidence if needed.
Violating a restraining order can lead to criminal charges, including potential jail time and fines. It is a serious matter with significant legal consequences.
Here are key takeaways about filling out and using the California JV-250 form: