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The California JV-250 form plays a critical role in the juvenile justice system, particularly in cases involving restraining orders. This form is utilized when a request is made for a temporary restraining order against an individual, typically to protect a child or other vulnerable parties from potential harm. It captures essential information about both the protected person and the restrained individual, including their names, ages, and relationships. The form also outlines the specifics of the court hearing, including the date and time, and details the temporary orders that may be granted. These orders can include directives to stay away from the protected person, restrictions on communication, and even provisions regarding firearms. Furthermore, the JV-250 ensures that law enforcement is informed and can enforce the orders effectively. It serves as a vital tool for safeguarding the welfare of minors and ensuring that their rights are upheld within the legal framework. Understanding the nuances of this form is essential for anyone navigating the complexities of juvenile law in California.

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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

Full Name:

 

 

 

 

 

 

Sex:

 

M

 

F

Height:

Weight:

Hair Color:

Eye Color:

 

 

Race:

 

 

 

 

 

 

Age:

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]

NOTICE OF HEARING

 

AND TEMPORARY

RESTRAINING ORDER—JUVENILE

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

JV-250

CASE NAME:

CASE NUMBER:

4.

5.

Hearing on this temporary restraining order

a. Date hearing held:

Time:

Dept.:

Room:

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.

b.

 

 

 

 

except for visitation as indicated in c below.

 

must stay away at least (specify):

yards from

 

 

(1)

 

 

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):

 

 

 

 

 

c.

 

 

 

 

 

except for visitation as indicated in c below.

 

 

 

 

 

 

has the right to visit the minor children named in item 1 as follows:

 

 

(1)

 

None

 

 

 

 

 

(2)

 

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]

NOTICE OF HEARING

 

AND TEMPORARY

RESTRAINING ORDER—JUVENILE

Page 2 of 4

JV-250

CASE NAME:

CASE NUMBER:

 

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.

c.

 

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).

a.

b.

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.

a.

b.

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

JV-250 [Rev. January 1, 2014]

NOTICE OF HEARING

 

AND TEMPORARY

RESTRAINING ORDER—JUVENILE

Page 3 of 4

JV-250

CASE NAME:

CASE NUMBER:

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.

 

 

 

 

 

Date:

Clerk, by

 

, Deputy

 

 

 

 

 

 

JV-250 [Rev. January 1, 2014]

NOTICE OF HEARING

 

AND TEMPORARY

RESTRAINING ORDER—JUVENILE

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Form Specifications

Fact Name Details
Form Purpose The JV-250 form is used to request a temporary restraining order for juveniles.
Governing Laws This form is governed by the Welfare and Institutions Code, Family Code, and Penal Code of California.
Hearing Requirement A court hearing is mandatory to determine the validity of the temporary restraining order.
Duration of Orders Temporary orders can last up to three years, depending on the court's decision.
Firearm Restrictions The restrained person is prohibited from owning or possessing firearms while the order is in effect.
Service of Order If the restrained person is not present at the hearing, the order must be served to them.
Enforcement The order is enforceable across all states, territories, and tribal lands within the U.S.

California Jv 250: Usage Guidelines

Completing the California JV-250 form is an important step in seeking a temporary restraining order in juvenile cases. After filling out the form, it will be submitted to the court for review and consideration. The court will schedule a hearing where both parties can present their cases. Below are the steps to accurately fill out the JV-250 form.

  1. Fill in your contact information: At the top of the form, provide your name, state bar number (if applicable), address, telephone number, fax number, and email address. If you are represented by an attorney, include their information as well.
  2. Identify the court: Write the name of the Superior Court of California, the county, and the street address. Include the mailing address, city, and zip code if it differs from the street address. Also, indicate the branch name.
  3. Enter case information: Fill in the case name and case number. Ensure that this information matches any existing court documents.
  4. List protected persons: In section 1, provide the full name, sex, age, and relationship to the child for each protected person.
  5. List restrained person: In section 2, provide the full name, sex, height, weight, hair color, eye color, race, age, date of birth, and address (if known) of the restrained person.
  6. Hearing information: In section 3, enter the expiration date of any temporary orders and the details of the court hearing. Include the hearing date, time, department, and room number.
  7. Hearing results: In section 4, record the date and time of the hearing, the name of the judicial officer, and the names of any persons and attorneys present. Indicate whether temporary orders were granted or not.
  8. Complete findings and orders: In sections 6 and 7, specify the orders regarding the restrained person. Choose the appropriate options based on whether the restrained person is a child in delinquency proceedings or not.
  9. Firearms restrictions: If applicable, fill out section 8 regarding any restrictions on firearms possession for the restrained person.
  10. Additional orders: In section 10, specify any other orders that may apply, such as the right to record communications.
  11. Transmittal order: Complete section 12 to indicate how the order will be transmitted to law enforcement.
  12. Service of temporary order: In section 14, indicate whether the restrained person was present at the time the order was made or if service is required.

Once the form is completed, it should be reviewed for accuracy before submission. After filing, the court will provide further instructions regarding the upcoming hearing and any additional steps needed.

Your Questions, Answered

What is the California JV-250 form?

The California JV-250 form is a legal document used in juvenile court proceedings. It serves as a notice of hearing and a temporary restraining order for minors. This form is specifically designed to protect individuals, particularly children, from potential harm by another party. It outlines the details of the hearing, the parties involved, and the terms of the restraining order, if granted.

Who can file a JV-250 form?

The JV-250 form can be filed by an attorney or a party representing themselves without an attorney. It is typically used by individuals seeking protection from someone who poses a threat or has engaged in harmful behavior. The person filing the form must provide their contact information and details about the parties involved in the case.

What information is required on the JV-250 form?

The form requires several pieces of information, including the names and details of both the protected person and the restrained person. It also asks for the relationship between the protected person and the child, as well as specifics about the court hearing, such as the date, time, and location. Additionally, it includes a section for any temporary orders that the court may grant.

What happens at the hearing associated with the JV-250 form?

During the hearing, the judge will review the request for a restraining order. If the court finds sufficient evidence of potential harm, it may grant temporary orders that can last up to three years. The judge will consider the circumstances and the safety of the protected person before making a decision.

What are the consequences if the restrained person violates the JV-250 order?

If the restrained person violates the terms of the JV-250 order, they can face serious legal consequences. Violations may lead to arrest, criminal charges, and potential jail time. Additionally, fines up to $1,000 may be imposed. It is crucial for the restrained person to understand the seriousness of the order and comply with its terms.

Can the JV-250 order include visitation rights?

Yes, the JV-250 form can include provisions for visitation rights, but only under specific circumstances. The court may allow peaceful contact for the safe exchange of children for court-ordered visitation. This must be clearly outlined in the order, and any visitation must comply with existing family court orders.

How long does a temporary restraining order last?

A temporary restraining order issued through the JV-250 form typically lasts until the scheduled hearing date. If the court grants a permanent order during the hearing, it can remain in effect for up to three years, depending on the circumstances and the judge's decision.

What should the restrained person do if they own firearms?

If the JV-250 order includes a prohibition on firearms, the restrained person must take immediate action to comply. They are required to sell or turn in any firearms to a licensed dealer or law enforcement agency within 24 hours of being served with the order. Proof of compliance must be filed with the court within 48 hours.

How is the JV-250 order enforced?

The JV-250 order is enforceable in all 50 states and U.S. territories. Law enforcement agencies are responsible for enforcing the order. If the restrained person has not been served with the order, law enforcement will advise them of the order's terms and ensure compliance. It is crucial for the order to be documented in the California Restraining and Protective Order System for enforcement purposes.

Common mistakes

  1. Failing to provide complete information about the protected persons. This includes missing details such as full names, ages, and relationships to the child. Each piece of information is crucial for the court to understand the context of the case.

  2. Inaccurate or incomplete details about the restrained person. This can lead to confusion. Ensure that all required information, such as height, weight, and date of birth, is filled out correctly.

  3. Not specifying the expiration date or hearing details. It is essential to clearly indicate when the court hearing will take place. Without this, the court may not be able to process the request effectively.

  4. Overlooking the temporary orders section. It is important to select whether temporary orders are granted or not. This decision impacts the immediate protection offered to the protected persons.

  5. Completing sections 6 and 7 incorrectly. Only one of these sections should be filled out, not both. This mistake can lead to legal ambiguities.

  6. Neglecting to include any additional orders that may be relevant to the case. If there are specific instructions or conditions that should be noted, they must be clearly stated to avoid misunderstandings.

  7. Failing to follow the proper service of order procedures. If the restrained person was not present at the hearing, it is vital to ensure that they are served with the order properly and within the required timeframe.

  8. Not keeping a copy of the completed form for personal records. It is always advisable to have a copy for future reference, especially if any issues arise regarding compliance with the order.

Documents used along the form

The California JV-250 form is a critical document used in juvenile cases involving restraining orders. It outlines the necessary details regarding the protected and restrained persons, the court hearing, and the orders issued. Several other forms and documents are often used in conjunction with the JV-250 to ensure comprehensive legal proceedings. Below is a list of these documents, along with brief descriptions of each.

  • Form JV-205: This form is used to outline visitation rights for the restrained person, if applicable. It details the schedule and conditions for visitation with minor children.
  • Form DV-800/JV-252: This document serves as proof of firearms turned in or sold. It must be filed with the court to demonstrate compliance with orders regarding firearms.
  • Form CR-160: This is a criminal protective order that may be issued alongside the JV-250. It provides additional protections and restrictions against the restrained person.
  • Form EPO-001: An emergency protective order that can be issued in urgent situations. It takes precedence over other restraining orders if it is more restrictive.
  • Form JV-100: This form is used to initiate a request for a restraining order in juvenile cases. It includes the necessary information to start the legal process.
  • Form JV-300: This form is utilized to request modifications to existing restraining orders, including changes to visitation or contact provisions.
  • Form JV-400: This document is used to report violations of restraining orders. It provides a formal mechanism for bringing non-compliance to the court's attention.
  • Form JV-500: A notice of hearing form that informs all parties involved about upcoming court dates related to the restraining order.
  • Form JV-600: This is a request for a hearing to extend a temporary restraining order beyond its initial expiration date.

These forms and documents play a vital role in the legal process surrounding juvenile restraining orders. They ensure that all necessary information is communicated effectively and that the rights of all parties involved are protected.

Similar forms

The California JV-250 form, which serves as a notice of hearing and temporary restraining order in juvenile cases, shares similarities with several other legal documents. Each of these documents plays a role in protecting individuals and managing legal proceedings. Here are ten documents that are similar to the JV-250 form:

  • Form DV-100 (Request for Domestic Violence Restraining Order): This form is used to request a restraining order in domestic violence cases. Like the JV-250, it aims to protect individuals from harm and includes details about the protected and restrained persons.
  • Form DV-110 (Temporary Restraining Order): This document provides immediate protection by granting temporary restraining orders in domestic violence situations. It parallels the JV-250 in its urgency and intent to safeguard individuals while a hearing is pending.
  • Form CR-160 (Criminal Protective Order): Similar to the JV-250, this form is utilized in criminal cases to protect victims from their offenders. Both forms outline restrictions on the restrained person and emphasize the consequences of non-compliance.
  • Form EPO-001 (Emergency Protective Order): This form is issued in emergency situations to provide immediate protection. Like the JV-250, it serves to prevent contact between the restrained and protected parties until a more formal hearing can be held.
  • Form JV-205 (Order for Visitation): This document is used to establish visitation rights in juvenile cases. It complements the JV-250 by detailing how and when visitation can occur, particularly when a restraining order is in place.
  • Form JV-220 (Application for a Protective Order): This form is specifically for minors seeking protective orders. It shares the same purpose as the JV-250, focusing on the safety and welfare of children in potentially harmful situations.
  • Form FL-300 (Request for Order): This form is used in family law cases to request various orders, including restraining orders. It is similar to the JV-250 in that it facilitates legal protection and outlines the terms of the order.
  • Form FL-340 (Temporary Restraining Order): This document provides temporary protection in family law matters. Like the JV-250, it aims to prevent harm while legal proceedings are ongoing.
  • Form GV-100 (Guardianship Petition): This form is used to establish guardianship and can include requests for protective orders. It parallels the JV-250 in its focus on the safety and well-being of minors.
  • Form NC-110 (Notice of Hearing on Petition for Name Change): Although primarily for name changes, this form can involve issues of safety and privacy. It shares the JV-250's goal of protecting individuals during sensitive legal processes.

Dos and Don'ts

When filling out the California JV-250 form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are nine things you should and shouldn't do:

  • Do read the entire form carefully before starting to fill it out.
  • Do provide complete and accurate information for all required fields.
  • Do double-check the names and details of the protected and restrained persons.
  • Do sign and date the form where indicated.
  • Do keep a copy of the completed form for your records.
  • Don't leave any required fields blank; fill in all necessary information.
  • Don't use abbreviations or nicknames for names; use full legal names only.
  • Don't submit the form without ensuring all information is correct.
  • Don't forget to check the hearing date and time to ensure proper attendance.

Misconceptions

The California JV-250 form is an essential document in juvenile restraining order proceedings. However, several misconceptions surround its purpose and use. Here are four common misunderstandings:

  • The JV-250 form is only for minors. While the form is primarily used in juvenile cases, it can also involve adults, particularly when restraining orders are sought against a minor who is a restrained person.
  • A temporary restraining order (TRO) issued via the JV-250 is permanent. This is incorrect. A TRO is temporary and only lasts until the scheduled court hearing. At that hearing, the court may decide to extend the order for a longer period, potentially up to three years.
  • The form guarantees that a restraining order will be granted. The JV-250 does not guarantee that a restraining order will be issued. The judge will review the evidence and circumstances presented at the hearing before making a decision.
  • All restraining orders issued under the JV-250 are the same. Each restraining order can vary significantly based on the specific circumstances of the case. The judge has the discretion to tailor the orders to fit the needs of the individuals involved, including visitation rights and distance requirements.

Understanding these misconceptions is crucial for anyone involved in the juvenile justice system. Clarity about the JV-250 form can help protect the rights and safety of all parties involved.

Key takeaways

Here are some key takeaways about filling out and using the California JV-250 form:

  • Understand the Purpose: The JV-250 form is used to request a temporary restraining order for juveniles, ensuring the safety of protected persons.
  • Gather Necessary Information: Before filling out the form, collect all required details, including names, addresses, and relationships of both the protected and restrained persons.
  • Follow the Timeline: Be aware that any temporary orders granted will expire at the end of the scheduled hearing unless otherwise specified by the judge.
  • Know the Restrictions: The form outlines specific restrictions on the restrained person, including no contact and keeping a certain distance from the protected persons.
  • Legal Enforcement: Once issued, the restraining order is enforceable across all states and territories, meaning it carries serious legal weight.