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 individuals, along with the specifics of the court hearing. For those needing to fill out this form, please click the button below.
The California JV-250 form serves as a crucial legal document within the juvenile justice system, specifically designed to facilitate the issuance of temporary restraining orders in cases involving minors. This form outlines the necessary information regarding both the protected persons and the restrained individuals, detailing their identities, relationships, and relevant personal characteristics. It establishes a framework for court hearings, including the scheduled date and time, and specifies the conditions under which temporary orders may be granted or denied. The form mandates that any temporary restraining orders issued during the hearing can last for up to three years, contingent upon the judge's ruling. It also includes essential directives regarding firearms, stipulating that the restrained person must relinquish any firearms in their possession and provides guidance for law enforcement on enforcing these orders across jurisdictions. Additionally, the JV-250 form emphasizes the rights of protected persons, including the ability to document any violations of the order. Overall, this form plays a vital role in ensuring the safety and well-being of minors involved in potentially harmful situations.
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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Filling out the California JV-250 form is a crucial step in seeking a temporary restraining order in juvenile cases. It’s important to provide accurate information to ensure that the court understands the situation clearly. Once the form is completed, it will be submitted to the court, where a hearing will be scheduled to review the request.
What is the purpose of the California JV-250 form?
The California JV-250 form is used to request a temporary restraining order for juveniles. It aims to protect individuals, particularly minors, from harassment or harm by another person. The form outlines the details of the hearing, the individuals involved, and the specific orders being requested from the court.
Who can file the JV-250 form?
The JV-250 form can be filed by an attorney or a party without an attorney. This includes individuals who are seeking protection for themselves or a minor child from another person who may pose a threat. It is crucial that the person filing has a legitimate reason to seek a restraining order.
What information is required on the JV-250 form?
The form requires detailed information about the protected person, the restrained person, and the circumstances surrounding the request. This includes names, ages, relationships, and any previous incidents of harassment or violence. The form also specifies the nature of the restraining order being requested and details about the upcoming court hearing.
What happens during the court hearing associated with the JV-250 form?
During the court hearing, a judge will review the request for a temporary restraining order. The judge may grant or deny the request based on the evidence presented. If granted, the temporary order may last until a further hearing, at which point a longer-term order may be issued. It is important for both parties to be present, as their testimonies can influence the judge's decision.
How long does a temporary restraining order last?
A temporary restraining order issued through the JV-250 form typically lasts until the scheduled court hearing, unless otherwise specified by the judge. If a longer-term order is granted during the hearing, it can last up to three years. The specifics will be detailed in the court's final order.
What restrictions are placed on the restrained person?
The restrained person is prohibited from contacting the protected person in any way, including direct or indirect communication. They must also stay a specified distance away from the protected person and their places of residence, work, and school. Additional restrictions may apply depending on the circumstances of the case.
Are there consequences for violating the restraining order?
Yes, violating a restraining order can lead to serious legal consequences. The restrained person may face arrest, criminal charges, and potential jail time. They may also incur fines. It is essential for the restrained person to understand the gravity of the order and comply fully to avoid these penalties.
What should I do if I need to serve the JV-250 form?
If the restrained person was not present during the court hearing, the JV-250 form must be served to them. This service should occur at least five days before the scheduled hearing. It is crucial to follow proper legal procedures for service to ensure that the order is enforceable.
How can I ensure the restraining order is enforced?
The restraining order is enforceable across all 50 states and must be entered into the California Restraining and Protective Order System (CARPOS). Law enforcement agencies are responsible for enforcing the order. If the restrained person violates the order, it is important to report the violation to law enforcement immediately.
Completing the California JV-250 form can be a daunting task, and individuals may encounter several common pitfalls during the process. Understanding these mistakes can greatly enhance the accuracy and effectiveness of the form, ultimately serving the best interests of all parties involved.
One frequent error is the omission of essential personal information. For instance, failing to provide the full names, ages, and relationships of the protected persons and restrained persons can lead to significant complications. This information is crucial for the court to assess the situation accurately. Incomplete details may cause delays in processing the request or even result in the dismissal of the application.
Another mistake involves the incorrect completion of the hearing details. It is vital to ensure that the hearing date, time, and location are filled out accurately. Any discrepancies can create confusion and may prevent the parties from attending the hearing. This oversight can undermine the purpose of the restraining order and leave vulnerable individuals unprotected.
Additionally, individuals often neglect to check the appropriate boxes regarding temporary orders. Misunderstanding the options available can lead to unintended consequences. For example, selecting the wrong option may either grant or deny crucial protections that the court could have provided. It is essential to carefully review each choice to ensure that it aligns with the desired outcomes.
Furthermore, many individuals fail to follow the instructions regarding the service of the temporary order. If the restrained person was not present during the order's issuance, proper service is required. Not adhering to these guidelines can result in the order being unenforceable, leaving the protected individuals at risk.
Lastly, individuals may overlook the importance of keeping copies of all submitted documents. Retaining a copy of the completed JV-250 form and any related paperwork is vital for future reference. This practice not only aids in tracking the case but also ensures that all parties are aware of the terms and conditions set forth by the court.
By being mindful of these common mistakes, individuals can navigate the complexities of the California JV-250 form with greater confidence and clarity. Taking the time to complete the form accurately and thoroughly can significantly impact the safety and well-being of those involved.
The California JV-250 form is essential in juvenile court proceedings, particularly for cases involving restraining orders. However, several other forms and documents often accompany it to ensure a comprehensive approach to legal matters. Below is a list of these documents, each described briefly for clarity.
Each of these documents plays a vital role in ensuring that the rights and safety of all parties involved are upheld. Understanding their purpose can help navigate the complexities of juvenile court proceedings more effectively.
The California JV-250 form is a specific type of legal document related to juvenile restraining orders. There are several other forms that serve similar purposes in different contexts. Below is a list of documents that share similarities with the JV-250 form:
When filling out the California JV-250 form, it’s essential to approach the process with care. Here are five important things to consider:
Following these guidelines can help ensure that your experience with the JV-250 form is smooth and efficient.
Misconceptions about the California JV 250 form can lead to confusion for those involved in juvenile restraining order proceedings. Here are seven common misconceptions:
When filling out and using the California JV-250 form, there are several important points to keep in mind. This form is essential for requesting a temporary restraining order in juvenile cases. Here are some key takeaways:
By keeping these takeaways in mind, individuals can navigate the process of filling out and using the JV-250 form more effectively. It is essential to provide accurate information and understand the implications of the orders being requested.