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Juvenile Court Restraining Orders in California (Welfare & Institutions Code § 213.5)
A juvenile court restraining order is a protective order issued under California Welfare & Institutions Code § 213.5 inside an existing juvenile case — a dependency case (the child is alleged abused, neglected, or at risk under § 300) or a wardship/delinquency case (§§ 601 or 602). It is not a standalone petition a member of the public files like a domestic violence or civil harassment order. The juvenile court has exclusive jurisdiction to issue it, and it can protect the child who is the subject of the case, any other child in the household, and the child’s parent, legal guardian, or current caretaker — and, in delinquency cases, a person at risk from the child. It can order no-contact and stay-away, exclude someone from the home, and require firearm surrender, and after a noticed hearing it can last up to three years. The request can be made by a party — including a parent, guardian, the child’s attorney, or the social worker or probation officer — or by the court on its own motion. Because these cases are confidential, they are handled differently from civil restraining orders. The Restraining Order Law Firm helps families protect a child — and defends parents and others who have been restrained or named. Call (888) 808-2179 for a free, confidential consultation.
Reviewed by Matthew Barhoma, Esq., [CA Bar No. 319339] — California restraining-order counsel representing postsecondary institutions and respondents.
Is a child in immediate danger right now? If a child is being harmed or is in immediate danger, call 911 first. To report suspected child abuse or neglect, contact your county Child Protective Services / child abuse hotline. For help obtaining or responding to a juvenile court restraining order — including an emergency or temporary order inside a dependency or delinquency case — call (888) 808-2179.
Juvenile restraining order in California: quick facts
| Question | Answer |
| What is it? | A protective order issued by the juvenile court under Welfare & Institutions Code § 213.5, inside an existing dependency or delinquency case |
| Is it a standalone petition? | No. It arises within a juvenile case (§ 300 dependency, or §§ 601/602 wardship) — not filed independently like a DVRO or CHRO |
| Who does it protect? | The child who is the subject of the case, any other child in the household, the child’s parent, legal guardian, or current caretaker, and the social worker / CASA / probation officer; in delinquency cases, a person at risk from the child |
| Who can request it? | A party (a parent, guardian, the child’s attorney, the social worker or probation officer), or the court on its own motion |
| What is “abuse” here? | The Family Code § 6203 definition applies (the same definition used for domestic violence orders), via Cal. Rules of Court, rule 5.630 |
| Does past violence have to be proven? | No — § 213.5 does not require proof of prior molesting, attacking, or striking, and a court need not find a likelihood of future abuse (In re Cassandra B.; In re C.Q.) |
| How long can it last? | A temporary order until the hearing; an order after hearing up to three years — renewable/extendable |
| Firearms? | Yes — the restrained person must relinquish firearms (Family Code §§ 6322.5, 6389, applied through § 213.5) |
| Are these cases public? | No — juvenile proceedings are confidential (W&I § 827) |
| What if I’ve been restrained or named? | You have the right to notice, one continuance as of right, a hearing, and counsel — and a juvenile case is not the place to go unrepresented |
A juvenile court restraining order is one of the least-understood protective orders in California, because it does not work like the others. You do not walk into a clerk’s window and file it. It exists only inside a case the juvenile court is already hearing — usually a dependency case opened to protect a child from abuse, neglect, or risk, or a wardship/delinquency case. And it is built around one purpose: protecting the child, and the people caring for the child, while that case is pending. This page explains who it protects, who can ask for one, how the juvenile court issues it, and how — given that everything in juvenile court is confidential — a parent, guardian, caretaker, or restrained person should approach it.
Talk to a California restraining-order lawyer about a juvenile court order — free, confidential consultation → (888) 808-2179
A juvenile restraining order at a glance
| Governing law | Welfare & Institutions Code § 213.5; Cal. Rules of Court, rule 5.630 |
| Where it lives | Inside a juvenile dependency case (W&I § 300) or a wardship/delinquency case (W&I §§ 601/602) — not a standalone civil petition |
| Court | The juvenile court — which has exclusive jurisdiction to issue a § 213.5 order to protect the child who is the subject of the petition or any other child in the household |
| Who it protects | The subject child; any other child in the household; the child’s parent, legal guardian, or current caretaker (whether or not the child lives with them); the child’s social worker, CASA, or probation officer; and (in 601/602 cases) a person at risk from the child |
| Definition of abuse | Family Code § 6203 (the DVPA definition) applies (rule 5.630(b)) |
| Standard / showing | No requirement of proven prior violence or a finding of likely future abuse; the order must be supported by substantial evidence, judged for abuse of discretion, on a preponderance standard (Cassandra B.; C.Q.; B.S.) |
| Who can request | A party (parent, guardian, child’s attorney, social worker, probation officer), or the court on its own motion |
| Temporary order (TRO) | The juvenile court may issue an ex parte temporary order; the matter is made returnable, generally within 21 days (25 for good cause) |
| Order after hearing | After notice and a hearing, the order may last up to three years — and may be extended |
| Core forms | JV-245 (request), JV-249 (notice of hearing), JV-250 (temporary order), JV-251 (request to reschedule), JV-255 (order after hearing), JV-257 (change/end); “against a child” series JV-258/JV-260/JV-265; CLETS-001 |
| Firearms | Restrained person must relinquish firearms (Family Code §§ 6322.5, 6389) |
| Violation | A misdemeanor under Penal Code § 273.65 |
| Confidentiality | Juvenile proceedings are confidential (W&I § 827) |
What is a juvenile court restraining order?
A juvenile court restraining order is a protective order issued by the juvenile court to protect a child — and the people who care for that child — while a juvenile case is pending. It is created by Welfare & Institutions Code § 213.5 and governed in practice by California Rules of Court, rule 5.630.
What makes it different from every other California protective order is where it comes from. A domestic violence restraining order, a civil harassment order, or an elder abuse order is a standalone petition: a person files it, on their own, in the civil or family court. A § 213.5 order is not standalone. It can only be issued after a juvenile petition has already been filed — a § 300 petition (dependency, where a child is alleged abused, neglected, or at risk) or a § 601 or § 602 petition (wardship, where a minor is alleged to be a status offender or to have committed a crime). The order rides on top of that existing case and lasts only within the juvenile court’s jurisdiction over it.
The juvenile court restraining order, in one sentence: It is a protective order under Welfare & Institutions Code § 213.5 that the juvenile court — which has exclusive jurisdiction while a dependency or wardship case is open — may issue to protect the child who is the subject of the case, any other child in the household, and the child’s parent, legal guardian, or current caretaker, on the request of a party or on the court’s own motion.
Because it is part of a confidential juvenile case, it is handled inside that proceeding — at the same hearings, by the same judge, with the same attorneys (including the child’s own counsel) already in the room. That is a feature, not a bug: the judge already knows the family, the social worker is already involved, and protection can be ordered quickly. But it also means a parent or caretaker who wants — or who is facing — such an order is navigating a system most people, and most general-practice lawyers, rarely see.
Who a juvenile restraining order protects — and who can ask for one
Who can be protected
Under § 213.5, the juvenile court can protect a wide circle of people connected to the child, not just the child alone:
| Protected person | When |
| The child who is the subject of the petition | Dependency (§ 300) and wardship (§§ 601/602) cases |
| Any other child in the household | Dependency and wardship cases — siblings and other children living with the child are expressly covered |
| The child’s parent, legal guardian, or current caretaker | Whether or not the child currently resides with that person |
| The child’s social worker or court-appointed special advocate (CASA) | Dependency cases (the child’s former or current social worker / CASA) |
| The child’s probation officer or CASA | Wardship/delinquency cases |
| A person at risk from the child’s conduct | Wardship/delinquency cases — the court may restrain the child from contacting, threatening, stalking, or disturbing a person it finds to be at risk |
| Animals | On a showing of good cause, the court may grant care/possession of, and a stay-away from, an animal of a protected person |
This breadth is deliberate. The juvenile court’s job is to protect the child, and you cannot protect a child without also protecting the home, the people raising the child, and the siblings under the same roof.
Who can request one
Because the order lives inside the juvenile case, the people who can ask for one are the people already in that case — plus the court itself:
| Requesting party | Notes |
| A parent or legal guardian | Often to protect the child (and themselves) from the other parent or a household member |
| A current caretaker / foster parent / relative caregiver | The person with care, custody, and control of the child |
| The child’s attorney (minor’s counsel) | Children in dependency and delinquency cases have their own lawyer |
| The social worker (dependency) or probation officer (delinquency) | Through county counsel / the agency |
| County counsel / the petitioning agency | On the agency’s motion |
| The juvenile court — on its own motion | The court can issue a § 213.5 order sua sponte (rule 5.630(a)(2)) |
A request can be made orally at a scheduled hearing, in writing (on the Judicial Council form), or on the court’s own motion. A member of the public who is not part of the case generally cannot file a § 213.5 order — if you are not in the juvenile case, a domestic violence or civil harassment order in the regular courts may be your route instead.
When the juvenile court can issue a restraining order: dependency vs. delinquency
Section 213.5 operates in two distinct settings, and the differences matter.
In a dependency case (W&I § 300)
A dependency case is opened to protect a child who has been, or is at risk of being, abused, neglected, or abandoned — typically with the county child-welfare agency (DCFS in Los Angeles; the Social Services Agency in many other counties) as the petitioner. Once a § 300 petition is filed (and until it is dismissed or dependency is terminated), the juvenile court has exclusive jurisdiction to issue a § 213.5 order to protect the child or any other child in the household. The order can:
- Enjoin a person from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, destroying property, contacting, coming within a specified distance of, or disturbing the peace of the child or any other child in the household;
- Protect the parent, legal guardian, or current caretaker of the child the same way; and
- Exclude a person from the dwelling of the person who has care, custody, and control of the child (on specific findings under § 213.5(e)).
The restrained person is most often a parent or a parent’s partner, but it can be any person whose conduct threatens the child or the household.
In a wardship / delinquency case (W&I §§ 601, 602)
A wardship case involves a minor alleged to be a status offender (§ 601 — e.g., chronic truancy or running away) or to have committed a crime (§ 602). Once that petition is filed (and until it is dismissed or wardship terminates), the juvenile court can issue a § 213.5 order to:
- Protect the child or any other child in the household, and the child’s parent, guardian, or caretaker (as in dependency);
- Exclude a person from the dwelling; or
- Restrain the child from contacting, threatening, stalking, or disturbing the peace of a person the court finds to be at risk from the child’s conduct, or a person with whom association would be detrimental to the child.
That third power — restraining the minor — is unique to the delinquency setting and is how the juvenile court protects a victim or a person endangered by the youth.
| Feature | Dependency (§ 300) | Delinquency / wardship (§§ 601/602) |
| Why the case exists | Child abused, neglected, or at risk | Minor is a status offender or alleged to have committed a crime |
| Usual petitioner | County child-welfare agency | The People / probation |
| Who is usually restrained | A parent, partner, or household member | A parent or household member — or the minor |
| Can the court restrain the child? | Not under (a) | Yes — to protect a person at risk (subd. (b)) |
| Court official protected | Social worker / CASA | Probation officer / CASA |
Dominating the statute: Welfare & Institutions Code § 213.5
Because a juvenile restraining order turns entirely on the controlling statute, here is the framework in detail. (Verify all citations and current subdivision lettering against the code at leginfo before relying on them.)
The core grant — dependency (subd. (a)). After a § 300 petition is filed, and until it is dismissed or dependency is terminated, the juvenile court has exclusive jurisdiction to issue ex parte orders enjoining a person from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning (including annoying calls under Penal Code § 653m), destroying property, contacting, coming within a specified distance of, or disturbing the peace of the child or any other child in the household — and excluding a person from the dwelling of the person with care, custody, and control of the child. The same protections may be extended to any parent, legal guardian, or current caretaker of the child (whether or not the child lives with them) and to the child’s current or former social worker or CASA.
The core grant — wardship (subd. (b)). After a § 601 or § 602 petition is filed, the juvenile court may issue the same kinds of orders to protect the child, other children in the household, and the parent/guardian/caretaker — and may also enjoin the child from contacting, threatening, stalking, or disturbing a person the court finds to be at risk from the child or with whom association would be detrimental to the child. The child’s current or former probation officer or CASA may be protected.
The abuse definition. By rule, the Family Code § 6203 definition of abuse — the same definition that governs domestic violence restraining orders — applies to § 213.5 orders (rule 5.630(b)).
Temporary orders and the hearing (subd. (c)). If a temporary restraining order is granted without notice, the matter must be made returnable on an order to show cause on the earliest day the court’s business permits, but not later than 21 days — or 25 days for good cause — from the date the temporary order was granted. The respondent is entitled, as a matter of course, to one continuance for a reasonable period to respond. Either party may seek a continuance for good cause, and a temporary order in place remains in effect through the continued hearing unless the court orders otherwise. The restraining-order hearing may be held at the same time as a regularly scheduled dependency or wardship hearing.
Duration and renewal (subd. (d)). After notice and a hearing, the juvenile court may issue any of the orders described above, and that order remains in effect, in the court’s discretion, no more than three years, unless terminated earlier, extended by mutual consent of all parties, or extended by further order of the court on any party’s motion. If a party other than the protected person moves to terminate or modify the order before it expires, the protected party must be given notice.
Exclusion from the home (subd. (e)). The court may exclude a person from a residence or dwelling — regardless of who holds title or the lease — only on a showing that (A) the party who will stay has a right under color of law to possession, (B) the party to be excluded has assaulted or threatens to assault the other party or a person in their care or a minor child, and (C) physical or emotional harm would otherwise result.
Firearms (subd. (g)). Where the court issues a § 213.5 order, Family Code § 6389 applies, and the court must determine whether the restrained person possesses or controls a firearm or ammunition as provided in Family Code § 6322.5. (One exception: the firearm provision in § 6389(m) does not apply where the restrained person is a child under the court’s § 601/602 jurisdiction.)
Records, enforcement, and notice (subds. (h)–(l)). All data on a § 213.5 order is transmitted to law enforcement and entered into CLETS within one business day (subd. (h)). A willful and knowing violation is a misdemeanor under Penal Code § 273.65 (subd. (i)). Before issuing or denying an order, the court must ensure a criminal-records search under Family Code § 6306 has been done and consider the results — including any conviction, outstanding warrant, parole/probation status, or prior restraining-order history — and act on warrants or parole/probation status (subd. (k)). On any custody or visitation order, the court follows the procedures in Family Code § 6323(c)–(d) (subd. (l)).
That last point is critical: a § 213.5 order can include custody and visitation terms, which is exactly why these orders so often reshape a family’s life while the dependency or wardship case plays out.
Leading California cases on § 213.5
A short line of published Court of Appeal decisions frames how juvenile restraining orders are issued and reviewed. (Verify citations and holdings before relying on them; attorney review required.)
| Case | Citation | Why it matters |
| In re Cassandra B. | (2004) 125 Cal.App.4th 199 | No proof of violence is required. A § 213.5 order can issue without evidence the restrained person was violent or threatened violence; harassment was enough. Standard of review: abuse of discretion, with the evidence reviewed for substantial evidence. |
| In re C.Q. | (2013) 219 Cal.App.4th 355 | No “future abuse” finding required — but the evidence must fit each protected person. A § 213.5 order does not require proof of prior molesting/attacking or a reasonable apprehension of future abuse; the court reversed the portion restraining a father as to the children where there was no evidence he had harmed them. |
| In re B.S. | (2009) 172 Cal.App.4th 183 | The juvenile court applies a preponderance of the evidence burden to a § 213.5 request — and may consider the contents of the juvenile case file. |
What the cases mean together
Read together, these decisions explain the lower, child-protective bar of a juvenile restraining order — and its limits.
- The bar is lower than a civil harassment order. A CHRO requires clear and convincing evidence; a § 213.5 order rests on a preponderance (B.S.), and the petitioner need not prove past violence (Cassandra B.) or a likelihood of future abuse (C.Q.). For a parent or caretaker seeking to protect a child, that makes the order more attainable than many people expect.
- But the order must be supported as to each protected person. C.Q. is the guardrail: a court cannot sweep children into a stay-away order with no evidence connecting the restrained person’s conduct to those children. The order has to be tied to the record.
- Review is deferential — abuse of discretion, with substantial-evidence review of the findings (Cassandra B.). That cuts both ways: a well-supported order is hard to overturn on appeal, and a thin one is vulnerable.
For anyone seeking or contesting a juvenile restraining order, the lesson is the same: the case is made or lost on the record — what the file shows, what the declarations say, and whether the evidence ties the restrained person’s conduct to each person the order is meant to protect. → How to appeal a restraining order
What a juvenile restraining order can do
Depending on the petition and the court’s findings, a § 213.5 order can:
- Order no contact — no calling, texting, emailing, messaging, or third-party contact with the protected child, household members, or caretakers.
- Order a stay-away — a set distance from the child, the home, school, daycare, and the caretaker.
- Exclude a person from the home — a “move-out” / kick-out order, on the findings required by subdivision (e).
- Restrain the minor (in a § 601/602 case) — to protect a person at risk from the child’s conduct.
- Protect siblings and other children in the household, the parent/guardian/caretaker, and the social worker, CASA, or probation officer.
- Set or modify custody and visitation consistent with the order (e.g., a stay-away “except during monitored visitation”) — following Family Code § 6323.
- Require firearm relinquishment (Family Code §§ 6322.5, 6389).
- Protect a pet — granting care/possession of, and a stay-away from, an animal of a protected person.
- Enter CLETS so law enforcement can enforce it, with violations charged as a misdemeanor (Penal Code § 273.65).
A juvenile restraining order is a powerful tool precisely because it can reach all the way into the home and the parenting schedule — which is also why getting the terms right, on either side, matters so much.
How the process works in juvenile court (step by step)
Because the order lives inside a juvenile case, the process is faster and more fluid than a standalone civil filing — but it still follows defined steps and forms (Cal. Rules of Court, rule 5.630). (Confirm current forms and local procedures at review; juvenile filings are confidential.)
- There must be an open juvenile case. A § 300 (dependency) or § 601/602 (wardship) petition must already be on file. If there isn’t one, a juvenile restraining order is not the right vehicle — a domestic violence or civil harassment order may be.
- The request is made. A party makes the request orally at a scheduled hearing, or in writing on Request for Juvenile Restraining Order (Form JV-245) (or JV-258 to restrain the minor in a 601/602 case). A written request includes a Confidential CLETS Information (Form CLETS-001). The court may also act on its own motion.
- The court considers the file. In deciding whether to issue a temporary order, the court reviews the application, any declarations and documents, and the contents of the juvenile court file about the child.
- A temporary order may issue (Form JV-250). The juvenile court can issue an ex parte temporary restraining order (Form JV-250; JV-260 against a minor), which states its expiration date on its face. If the request is related to domestic violence, it may be granted without notice; otherwise the notice rules of Code of Civil Procedure § 527 apply.
- Notice and the hearing date (Form JV-249). The matter is made returnable for a hearing, generally within 21 days (25 for good cause). The restrained person is served, including the firearm forms (DV-800/JV-270).
- The response and a continuance. The restrained party is entitled, as a matter of course, to one continuance to respond (requested on Form JV-251; ruled on via JV-253 or a new JV-249). Either side may seek a further continuance for good cause.
- The hearing. Often held at the same time as a scheduled dependency or wardship hearing. Proof may come from the application and attachments, additional declarations or documents, the juvenile court file, testimony, or any combination.
- The order after hearing (Form JV-255). If granted, the Juvenile Restraining Order After Hearing (Form JV-255) (or JV-265 against a minor) can last up to three years, states its expiration on its face, and is entered into CLETS.
- Changes later. While the case is open, the order can be modified or terminated (Form JV-257, with a new JV-255/JV-265 for a modification); if the juvenile case closes, the order remains in effect until it expires or is terminated.
Because the same judge and the same attorneys are already handling the underlying case, a juvenile restraining order can move quickly — sometimes the same day, at a hearing already on the calendar.
What happens at the hearing
The hearing is where a juvenile restraining order is won or lost, and it has features the civil orders don’t.
The judge already knows the case. Unlike a civil judge meeting a family for the first time, the juvenile judge has the file — the detention report, the jurisdiction/disposition reports, prior orders, the social worker’s or probation officer’s assessment, and the child’s attorney’s position. The court may consider the contents of that file in deciding the request. That can cut for or against you, which is why the surrounding case record matters as much as the restraining-order papers.
The standard is protective, but the evidence must fit. The petitioner’s burden is a preponderance (B.S.), and there is no requirement to prove prior violence (Cassandra B.) or a likelihood of future abuse (C.Q.). But under C.Q., the order has to be supported as to each person it protects — a court should not restrain someone as to children there is no evidence they have harmed or threatened.
Everyone has a voice — including the child. The child’s attorney participates, the social worker or probation officer may weigh in, county counsel may advocate, and the parents and caretakers can present declarations, documents, and testimony. The judge balances protection against a parent’s rights, the goal of family reunification (in dependency cases), and the child’s own stated wishes.
The terms are tailored. A juvenile restraining order is rarely all-or-nothing. The court often crafts conditions — a stay-away “except during monitored visitation,” a move-out paired with a visitation schedule, protection for some household members but not others — to protect the child while keeping a path toward reunification open. Getting those conditions right is the heart of the hearing.
Real scenarios we see (hypothetical, child-protective)
These are common, hypothetical situations — not client stories, and not drawn from any actual confidential juvenile case — that show how § 213.5 orders typically come up. Every example is written to protect a child and to avoid identifying anyone.
A dependency case where one parent is the danger. A § 300 case is open because of domestic violence in the home. The protective parent and the social worker ask the juvenile court to restrain the other parent from the child, the siblings, and the protective parent, with monitored visitation only. → Dependency & DVRO intersection
A parent’s partner who threatens the children. The danger isn’t a parent but a parent’s new partner or a household member. The court can restrain that person and, on the right findings, exclude them from the home.
A relative who shows up at the foster placement. A child is in a relative or foster placement, and a parent or relative repeatedly appears at the home or school, calls, or harasses the caretaker. A § 213.5 order can protect the child and the caretaker.
Protecting the siblings, not just the named child. The case names one child, but other children live in the same household. Section 213.5 expressly lets the court protect any other child in the household — though, under C.Q., the evidence has to support including them.
A delinquency case with a victim to protect. In a § 602 case, the court restrains the minor from contacting a victim or a person at risk from the youth’s conduct.
Harassment without violence. A parent floods the caretaker with calls, voicemails, and visits to the school and foster home. Under Cassandra B., no violence is required — harassment that disturbs the peace can support an order.
A parent who has been wrongly restrained. A § 213.5 order is sought against a parent on thin or one-sided facts, sweeping in children there is no evidence the parent ever harmed. This is where C.Q. and a careful defense matter — and where the order’s collision with reunification and visitation has to be addressed head-on.
Common situations — long-tail questions we are asked
Below are the specific situations families and restrained parties ask us about most, and what each turns on under § 213.5.
Restraining order to protect a dependent child from a parent
This is the most common § 213.5 scenario. In an open § 300 case, the protective parent, the child’s attorney, or the social worker asks the juvenile court to restrain the other parent from the child (and often the siblings and protective parent). Because no prior violence need be proven and the standard is a preponderance, a well-documented pattern of harassment, threats, or risk can support the order — but under C.Q., the request has to connect the parent’s conduct to the children it would protect. The order frequently includes monitored visitation rather than a flat no-contact, to protect the child while preserving a path to reunification. → Restraining orders and child custody
Restraining order to protect a child from a parent’s partner or household member
Often the threat is not a parent but a parent’s boyfriend, girlfriend, or another adult in the home. The juvenile court can restrain that person from the child and the household and, on the findings in subdivision (e), exclude them from the dwelling — even if they are on the lease or hold title. This lets the protective parent and child stay in the home while the dangerous adult is removed.
Restraining order to protect a child from a relative
A grandparent, aunt, uncle, or other relative whose conduct endangers the child — or who harasses a relative caregiver or foster parent — can be restrained under § 213.5. The order can also protect the caretaker, which matters when a relative repeatedly shows up at a placement.
Restraining order to protect siblings and other children in the household
Section 213.5 is written to protect not just the named child but any other child in the household. When abuse or risk to one child signals risk to the others, the court can extend protection to the siblings — provided, per C.Q., the record supports it. We help petitioners build that record and help restrained parties push back where it is missing.
Restraining a non-custodial parent in a dependency case
When the child has been removed and placed with the other parent, a relative, or a foster family, a non-custodial parent who harasses or endangers the child or caretaker can be restrained — even though the child does not live with the protected caretaker. The statute expressly protects a parent, guardian, or caretaker regardless of whether the child resides with them.
Orders in a delinquency (wardship) case
In a § 601/602 case, the juvenile court can restrain the minor from a victim or a person at risk from the youth — and can protect the minor by restraining an adult whose conduct or association is detrimental. These orders are part of how the delinquency court protects both the community and the child.
Coordinating a juvenile restraining order with a family-court DVRO
Many families have a juvenile case and a family-court custody or domestic violence case at the same time. The juvenile court has exclusive jurisdiction to protect the dependent child while the § 300 case is open, and its orders generally control custody and visitation during that time. Coordinating the § 213.5 order with any family-court DVRO and custody orders — so they don’t conflict — is a core part of the strategy.
If you need to protect a child
If a child in an open juvenile case is being harmed, threatened, or harassed — or the person caring for that child is — you may be able to ask the juvenile court for a § 213.5 order, or ask the child’s attorney or the social worker to. The strongest requests are specific and documented: dates and descriptions of the conduct, messages and call logs, police or CPS reports already in the file, declarations from witnesses, and a clear explanation of how the restrained person’s conduct threatens each person the order would protect (the C.Q. point). Because the standard is a preponderance and no prior violence need be proven, a well-built request is often very achievable.
We help protective parents, guardians, relative caregivers, and foster parents obtain temporary and after-hearing orders, exclude a dangerous person from the home, secure protective custody and monitored-visitation terms, and coordinate the order with the underlying dependency or delinquency case — and with any family-court custody or DVRO matter.
→ Free consultation · Restraining orders & child custody · Restraining orders & firearms
Need to protect a child in a juvenile case? Call (888) 808-2179. If a child is in immediate danger, call 911 and your county child-abuse hotline.
If you’ve been restrained or named
If a § 213.5 order has been requested or issued against you, you are the restrained person (or respondent), and the order is not automatic. You have the right to notice, to one continuance as a matter of course to respond, to a hearing, to present declarations and testimony, and to be represented. A juvenile case is not the place to go it alone: the social worker, county counsel, and the child’s attorney are all lawyers, and what happens with the restraining order can shape your custody, your visitation, your firearms, and the outcome of the underlying case.
The defenses these orders turn on: (1) the conduct didn’t happen, or wasn’t abuse under Family Code § 6203; (2) the evidence doesn’t connect you to the people the order protects — the C.Q. defense, especially where children are swept in without proof you harmed them; (3) the order is overbroad — a full no-contact where monitored visitation would protect the child and keep reunification on track; or (4) the request is being used as leverage in a custody or family conflict rather than to protect the child. Because a juvenile restraining order can affect reunification, visitation, your firearm rights, and your record, the response has to be built carefully and on the record.
If a juvenile restraining order has been requested against you, don’t wait
- The hearing is on a short timeline — often within 21 days, sometimes at a hearing already on the calendar.
- An order after hearing can last up to three years and can set or change custody and visitation.
- Your firearm rights are affected (Family Code §§ 6322.5, 6389).
- A violation is a crime (Penal Code § 273.65), and the order is entered into CLETS.
- It can shape the whole dependency or delinquency case — including reunification.
Protect yourself before the hearing. Call (888) 808-2179, or request a free consultation.
→ How to fight a restraining order · Legal defenses · Appeals
Why these cases are won or lost
- The juvenile file is used — or ignored. The court can rely on the whole case file. The side that knows what the reports say, and uses them, has the advantage.
- The evidence is tied to each protected person. C.Q. is the recurring trap: orders that sweep in children or household members without supporting evidence get reversed.
- The remedy fits the risk. A request for a flat no-contact when monitored visitation would protect the child is often the difference between an order that holds and one that’s cut back or denied.
- Reunification is accounted for. In dependency, the court is trying to protect the child and keep a path home open; a request (or a defense) that ignores reunification misreads the room.
- Someone went unrepresented. Against county counsel, the social worker, and the child’s attorney, an unrepresented parent or caretaker is at a real disadvantage.
- The firearm and criminal pieces are handled. Overlooking the firearm-surrender obligation, or the criminal exposure a violation creates, turns a manageable order into a cascade of problems.
What’s at stake: the consequences of a juvenile restraining order
For the restrained person, a § 213.5 order can:
- Bar contact and require a move-out from the child’s home (subd. (e)).
- Change custody and visitation — often replacing contact with monitored visitation, with direct consequences for reunification.
- Require firearm relinquishment (Family Code §§ 6322.5, 6389), with a federal dimension.
- Enter the CLETS database and be enforceable by any officer.
- Expose you to criminal charges — a willful violation is a misdemeanor under Penal Code § 273.65.
- Influence the underlying case — a restraining order is a signal the court weighs in the dependency or wardship proceeding.
For the child and the protective family, the stakes are the opposite — a § 213.5 order can be the difference between continued exposure to harm and a safe, stable placement while the case is resolved. → Restraining order violations · Restraining orders & firearms
How juvenile restraining orders intersect with dependency, custody, and DVROs
A juvenile restraining order almost never stands alone — it sits inside a web of overlapping proceedings, and the way they fit together is the whole strategy.
- The dependency or wardship case. The § 213.5 order is part of that case. Its terms have to make sense alongside the detention, jurisdiction, disposition, and review orders — and, in dependency, alongside the reunification plan. A protective order that undercuts a reasonable reunification effort, or that fails to protect a child a removal order already identified as at risk, is out of step with the case.
- Custody and visitation. Because § 213.5(l) routes custody/visitation orders through Family Code § 6323, the juvenile court can — and often does — set the parenting terms while the case is open. During that period, the juvenile court’s orders generally control over competing family-court orders.
- A family-court DVRO. A parent may have, or want, a domestic violence restraining order in family court. The two systems have to be coordinated so the orders don’t conflict, and so the family-court custody result lines up with the juvenile court’s protective goals.
- Criminal cases. The same conduct that opened a dependency case can be charged criminally, producing a criminal protective order (Penal Code § 136.2) on top of the § 213.5 order. As a d/b/a of Barhoma Law, P.C., our restraining-order work is paired with criminal-defense experience for exactly these crossovers. → Criminal protective orders
Coordinating these — rather than fighting them in separate silos — is what turns a stack of orders into actual protection, or an effective defense.
Juvenile restraining orders throughout Southern California
We help families and restrained parties with § 213.5 matters across Southern California. The statute is statewide, but juvenile cases — and the § 213.5 orders inside them — are heard in the juvenile / dependency court of each county’s Superior Court, often in a dedicated children’s or juvenile courthouse. (Confirm the current courthouse and assignment for your county before relying on the names below; juvenile assignments change, and juvenile proceedings are confidential.)
Juvenile restraining orders in Los Angeles County
Los Angeles County hears its juvenile dependency cases at the Edmund D. Edelman Children’s Court in Monterey Park (201 Centre Plaza Drive) — the nation’s busiest children’s court — with DCFS as the child-welfare agency and delinquency matters heard in the county’s juvenile justice courts. With the largest dependency and foster-care docket in the country, LA’s children’s court handles § 213.5 requests as a routine part of its dependency calendar, and which department and judge hears a case affects both timing and approach. → Los Angeles County
Juvenile restraining orders in Orange County
Orange County hears its juvenile dependency and delinquency cases at the Lamoreaux Justice Center in Orange (341 The City Drive South), where a juvenile restraining order is requested within the open dependency or delinquency case through the Juvenile Division clerk’s office. The county’s Social Services Agency is the dependency petitioner, and knowing how Orange County’s juvenile bench approaches protective orders — and monitored-visitation terms — is part of handling these cases well. → Orange County
Juvenile restraining orders in Riverside County
Riverside County — large, spread out, and fast-growing — hears juvenile dependency and delinquency matters in its Superior Court’s juvenile divisions, serving communities from the city of Riverside to the Coachella Valley. Distance and venue are practical factors, and § 213.5 orders are handled inside the open juvenile case before the assigned juvenile judge. → Riverside County
Juvenile restraining orders in San Bernardino County
The nation’s largest county by area hears juvenile matters across widely separated regions — the San Bernardino area, Rancho Cucamonga, and the High Desert (Victorville). Distance makes early planning important, and a § 213.5 order is requested within the open dependency or wardship case before the juvenile court for the region where the case is filed. → San Bernardino County
Juvenile restraining orders in San Diego County
San Diego County hears juvenile dependency and delinquency cases in its Superior Court’s juvenile divisions, with the county Health and Human Services Agency as the child-welfare petitioner. As in every county, the § 213.5 order is part of the confidential juvenile case and is handled by the assigned juvenile judge alongside the dependency or wardship calendar. → San Diego County
Juvenile restraining orders in Ventura County
Ventura County’s more centralized juvenile court hears dependency and delinquency cases for the county’s coastal and inland communities — with the same statewide § 213.5 standard, the same protections for the child and household, and the same three-year maximum after hearing. → Ventura County
Confirm your county’s juvenile courthouse and the department handling your case before filing or responding — assignments vary, juvenile proceedings are confidential, and we handle that routing for our clients.
California juvenile dependency and child protection: by the numbers
A few figures for context on the system these orders live inside (full sourcing on our statistics pages). (Verify against the latest CCWIP / CDSS / federal releases before publication.)
The size of the foster-care system
California has the largest foster-care population of any state. Federal AFCARS data reported by the California Child Welfare Indicators Project (CCWIP, UC Berkeley / CDSS) put roughly 38,000–39,000 children in foster care in California as of late 2024 — every one of them connected to an open or recent dependency case in which a § 213.5 order could be at issue. (Confirm the current point-in-time count; figures move quarter to quarter.)
Dependency is the front door
The vast majority of these children entered the system through a § 300 dependency petition filed by a county child-welfare agency after a report of abuse, neglect, or risk. The juvenile court’s protective tools — including the § 213.5 restraining order — exist to keep those children safe while the case is decided.
Why the order matters
Because a single dependency case can involve several children in one household, and because the statute reaches siblings and caretakers, a single § 213.5 order can protect multiple people at once. That breadth — and the confidentiality that surrounds it — is what sets the juvenile restraining order apart.
(Figures current as of the cited CCWIP / CDSS / AFCARS data; verify against the latest releases before publication. Juvenile case records are confidential under W&I § 827 — no figures here identify any child, family, or case.)
How a juvenile restraining order differs from other California orders
The juvenile court order stands out for where it lives (inside an existing, confidential juvenile case), who issues it (the juvenile court, with exclusive jurisdiction), and how broadly it protects the child and household.
| Order | Statute | Where it’s filed | Who can seek it |
| Juvenile RO | W&I § 213.5 | Inside an open juvenile case (§ 300 / §§ 601–602) | A party to the juvenile case, or the court on its own motion |
| DVRO | Fam. Code §§ 6200–6460 | Family court — standalone petition | A person in a qualifying domestic/intimate relationship |
| CHRO | Code Civ. Proc. § 527.6 | Civil court — standalone petition | Anyone harassed (non-domestic) |
| Family-court custody order | Fam. Code §§ 3020 et seq. | Family court — within a custody/divorce case | A parent or party in the family case |
Juvenile RO vs. DVRO
Both can protect a child, but they come from different courts and serve different roles.
| Factor | Juvenile RO (§ 213.5) | DVRO (Fam. Code §§ 6200–6460) |
| Where it lives | Inside an open dependency/wardship case | Standalone family-court petition |
| Who issues it | The juvenile court (exclusive jurisdiction over the dependent child) | The family court |
| Who can request | A party to the juvenile case, or the court itself | The protected person (or a parent for a child) |
| Abuse definition | Family Code § 6203 (same as DVRO) | Family Code § 6203 |
| Duration after hearing | Up to 3 years | Up to 5 years |
| Protects siblings/caretakers/social worker | Yes — expressly | Household members, by inclusion |
| Confidential proceeding | Yes (W&I § 827) | Generally public |
→ Domestic violence restraining orders
Juvenile RO vs. CHRO
A civil harassment order is the standalone tool a member of the public files; a juvenile RO is not.
| Factor | Juvenile RO (§ 213.5) | CHRO (§ 527.6) |
| Filed standalone by the public? | No — only inside a juvenile case | Yes |
| Burden of proof | Preponderance | Clear and convincing |
| Requires proof of prior violence? | No (Cassandra B.) | A “course of conduct” / credible threat |
| Court | Juvenile court | Civil court |
| Confidential? | Yes | No |
→ Civil harassment restraining orders
Juvenile RO vs. a family-court custody order
These can conflict — and while a dependency case is open, the juvenile court generally controls.
| Juvenile RO (§ 213.5) | Family-court custody order | |
| Purpose | Protect the child and household during a juvenile case | Allocate custody/visitation between parents |
| Court | Juvenile court (exclusive jurisdiction over the dependent child) | Family court |
| Which controls while a § 300 case is open? | The juvenile court’s orders generally control | Subordinate to the juvenile court during dependency |
| Can it order a stay-away / move-out? | Yes | Typically through a separate protective order |
→ Restraining orders and child custody
What we see in real juvenile restraining-order matters
The pattern that repeats: by the time a § 213.5 order is on the table, a family is already in the most stressful proceeding it will ever face, and the restraining order is one moving part among several — the removal, the reunification plan, the visitation schedule, sometimes a parallel DVRO or criminal case. The matters that go well are the ones where someone read the whole file, tied the request (or the defense) to the actual record, and matched the remedy to the risk — a stay-away with monitored visitation rather than an unworkable flat no-contact. The matters that go badly are the ones where a parent or caretaker faced county counsel, the social worker, and the child’s attorney alone, or where an order swept in children or relatives with no evidence behind it. (Firm to supply verifiable, § 213.5-specific figures; ensure State Bar Rules 7.1–7.5 compliance. Do not import results from non-juvenile matters.)
Common mistakes — the requesting party
- Asking for more than the record supports — sweeping in children or household members without evidence, inviting a C.Q. reversal.
- Requesting a flat no-contact where monitored visitation would protect the child and fit the reunification goal.
- Ignoring the underlying case — a restraining-order request that doesn’t account for the dependency plan reads as out of step.
- Vague declarations — dates, messages, and specifics win; “he’s dangerous” does not.
Common mistakes — the restrained party
- Going to the hearing unrepresented against three sets of lawyers.
- Skipping the continuance you are entitled to as a matter of course, and walking in unprepared.
- Violating the temporary order — a new crime under Penal Code § 273.65 that poisons the underlying case.
- Treating it as “just a family argument” — underestimating the firearm, custody, reunification, and criminal consequences.
When we advise a different path
Sometimes the juvenile court isn’t the right venue, or a restraining order isn’t the right tool. If there is no open juvenile case, a domestic violence or civil harassment order may fit. If the real need is a change in the custody or visitation plan, that may be addressed directly in the dependency or family case. And sometimes the protective goal is better served by working within the reunification plan than by a contested restraining-order fight inside a family.
When matters resolve without a contested hearing
Many § 213.5 matters resolve by agreement — a stipulated stay-away with monitored visitation, an agreed move-out, or agreed terms entered without contested findings — when that protects the child faster and avoids a damaging hearing inside a family that is trying to reunify. A negotiated, child-centered resolution is often the better outcome on both sides. (A stipulated resolution is not a “trial win”; we describe outcomes accurately.)
Why clients hire our firm for juvenile restraining-order matters
Juvenile restraining orders sit where restraining-order law meets dependency, custody, firearms, and sometimes criminal law — inside a confidential system most lawyers rarely touch. (Firm to supply verifiable figures; ensure State Bar Rules 7.1–7.5 compliance. Do not import results from non-juvenile matters.)
- Both sides — we help protective parents, guardians, and caretakers seek protection for a child and defend parents and others who have been restrained or named. (We screen for conflicts; see how we represent both sides.)
- Cross-disciplinary — we coordinate the § 213.5 order with the dependency or wardship case, family-court custody and DVRO matters, firearm obligations, and any criminal exposure.
- All six Southern California counties — Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura, in their juvenile / dependency courts.
- Trial-tested — as a d/b/a of Barhoma Law, P.C., our restraining-order practice is backed by 9 years of courtroom experience.
- 100+ restraining-order hearings handled. [Recognition / reviews to be inserted. Prior results do not guarantee a similar outcome.]
How The Restraining Order Law Firm helps
We represent both families seeking to protect a child in a juvenile case and parents or others defending against a § 213.5 order. For protective families, we move quickly inside the open case to obtain temporary and after-hearing orders, exclude a dangerous person from the home, secure protective custody and monitored-visitation terms, and coordinate with the dependency or wardship plan and any family-court or criminal matter. For restrained parties, we protect your relationship with your child, your firearms, your record, and your standing in the underlying case, and we press the defenses these orders turn on — no qualifying abuse, evidence that doesn’t fit the protected persons (C.Q.), overbreadth, and leverage. (We screen every matter for conflicts and never represent both sides of the same dispute.)
Call (888) 808-2179 or request a free consultation.
Frequently asked questions
It is a protective order issued by the juvenile court under Welfare & Institutions Code § 213.5, inside an existing dependency (§ 300) or wardship/delinquency (§§ 601/602) case. It protects the child and the people connected to the child while that case is pending.
No. A DVRO is a standalone family-court petition anyone in a qualifying relationship can file. A § 213.5 order exists only inside an open juvenile case and is issued by the juvenile court. They use the same definition of abuse (Family Code § 6203) but come from different courts.
Generally no. It is not a standalone filing — it can only be requested inside an existing juvenile case, by a party to that case or on the court’s own motion. If there is no open juvenile case, a domestic violence or civil harassment order may be your route.
A party to the juvenile case — including a parent, legal guardian, the child’s attorney, or the social worker or probation officer (through county counsel) — or the juvenile court on its own motion.
The child who is the subject of the case, any other child in the household, the child’s parent, legal guardian, or current caretaker, and the social worker, CASA, or probation officer. In a delinquency case, it can also restrain the minor to protect a person at risk.
The juvenile court of the county’s Superior Court — often a dedicated children’s or juvenile courthouse (in Los Angeles, the Edmund D. Edelman Children’s Court in Monterey Park; in Orange County, the Lamoreaux Justice Center).
Yes. While a § 300 dependency case is open, the juvenile court has exclusive jurisdiction to issue a § 213.5 order to protect the child who is the subject of the petition or any other child in the household.
A preponderance of the evidence — abuse is more likely than not (In re B.S.). The court can also consider the contents of the juvenile case file.
No. Under In re Cassandra B., a § 213.5 order can issue without proof the restrained person was violent or threatened violence — harassment that disturbs the peace can be enough.
No. Under In re C.Q., no finding of a reasonable apprehension of future abuse is required. But the order must be supported by evidence as to each person it protects.
The Family Code § 6203 definition applies — the same one used for domestic violence orders. It includes causing or attempting to cause bodily injury, sexual assault, placing someone in reasonable fear, and disturbing the peace (coercive control).
A temporary order lasts until the hearing. After a noticed hearing, the order can last, in the court’s discretion, up to three years — and may be extended.
Often quickly — sometimes the same day, at a hearing already on the calendar. The juvenile court can issue an ex parte temporary order, with the hearing generally set within 21 days (25 for good cause).
Yes — the court can exclude a person from the dwelling, regardless of who holds title or the lease, on specific findings of assault or threats and resulting physical or emotional harm (§ 213.5(e)).
Yes. The court can include custody and visitation terms (following Family Code § 6323) — for example, a stay-away “except during monitored visitation.”
Yes. Section 213.5 expressly allows the court to protect any other child in the household — provided the evidence supports including them (In re C.Q.).
Yes, in a delinquency (§ 601/602) case — the court can restrain the minor from contacting, threatening, stalking, or disturbing a person it finds to be at risk from the child.
Yes. Family Code §§ 6322.5 and 6389 apply, so the restrained person must relinquish firearms and ammunition — though the firearm provision in § 6389(m) does not apply to a child restrained under the court’s 601/602 jurisdiction. See Restraining orders & firearms.
Among others: JV-245 (request), JV-249 (notice of hearing), JV-250 (temporary order), JV-251 (request to reschedule), JV-255 (order after hearing), JV-257 (change/end), plus the “against a child” series JV-258/JV-260/JV-265, the Confidential CLETS Information (CLETS-001), and firearm forms (DV-800/JV-270). (Confirm current forms at filing.)
The court can issue an order after the hearing — up to three years — based on the evidence. Responding and appearing is essential; the restrained party is also entitled to one continuance to prepare.
Yes. A willful and knowing violation is a misdemeanor under Penal Code § 273.65, and the order is entered into CLETS so any officer can enforce it. See Restraining order violations.
No. Juvenile proceedings and records are confidential (W&I § 827). That is one reason these cases are handled so differently from civil restraining orders.
Yes. While the case is open, it can be modified or terminated (Form JV-257). If a party other than the protected person seeks to change it, the protected person must be given notice.
If the juvenile case is dismissed, the restraining order remains in effect until it expires or is terminated.
Yes. A § 213.5 order is reviewed for abuse of discretion, with the findings reviewed for substantial evidence. An order unsupported by the record — for example, restraining a parent as to children with no evidence of harm — can be reversed (In re C.Q.). See appeals.
You can respond, present evidence at the hearing, and contest it. Common defenses include no qualifying abuse, evidence that doesn’t connect you to the protected persons, overbreadth, and the order being used as leverage in a family conflict.
It can be requested for the wrong reasons, which is why the evidence matters. A restrained party can show the request is pretextual and not supported by the record.
In dependency, the court is trying to protect the child while keeping a path home open. Orders are often tailored — a stay-away with monitored visitation — so protection and reunification can coexist.
The two must be coordinated. While the dependency case is open, the juvenile court’s orders generally control custody and visitation, so the § 213.5 order and any family-court DVRO need to be aligned so they don’t conflict.
Yes. The statute protects a parent, guardian, or caretaker regardless of whether the child currently resides with them.
Yes. A current caretaker — including a foster parent or relative caregiver — is among the people the order can protect, which matters when a parent or relative shows up at a placement.
Yes. On a showing of good cause, the court can grant a protected person care or possession of an animal and order the restrained person to stay away from it.
Yes. Before issuing or denying an order, the court must ensure a criminal-records search (Family Code § 6306) has been done and consider the results, including any warrants, parole/probation status, and prior restraining-order history.
Yes. The § 213.5 hearing may be held simultaneously with a regularly scheduled dependency or wardship hearing.
Usually a parent, a parent’s partner, a relative, or another household member — and, in delinquency cases, sometimes the minor. The restrained person has the right to notice, a continuance, a hearing, and counsel.
You are not required to have one, but these cases unfold inside a confidential system, against county counsel, the social worker, and the child’s attorney, with custody, firearms, reunification, and criminal consequences on the line. Both protective families and restrained parties are far better off represented.
Yes — we help protective families and restrained parties across all six Southern California counties, in their juvenile / dependency courts.
A § 300 dependency case is opened to protect a child who has been abused, neglected, or is at risk. A § 601/602 wardship (delinquency) case involves a minor alleged to be a status offender (§ 601) or to have committed a crime (§ 602). A § 213.5 order can be issued in either, but only a delinquency case lets the court restrain the minor.
Yes. A party can make the request orally at a scheduled hearing regarding the child, in writing on the Judicial Council form, or the court can act on its own motion. If granted orally, the court may direct the requesting party to prepare the written order for signature.
Because the order is requested inside an existing juvenile case rather than as a standalone civil filing, the fee structure differs from a DVRO or civil harassment order. Confirm any applicable fee with the court or counsel for your specific situation.
Not under § 213.5 — that statute requires an open dependency or wardship case. If there is no juvenile case, a domestic violence restraining order, a civil harassment order, or (in a criminal case) a criminal protective order may be the right tool. We help identify the right path.
Fees vary with the complexity of the matter and any related dependency, custody, or criminal proceedings. We discuss scope and cost up front. See Fees & costs.
Whether you’re trying to protect a child in a juvenile case or you’ve been restrained or named in one, the timeline is short and the stakes — custody, reunification, your firearms, and your record — are high. Call (888) 808-2179 for a free, confidential consultation, or request one online. We help protective families and restrained parties across all six Southern California counties.
The Restraining Order Law Firm is a d/b/a of Barhoma Law, P.C. This page is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Juvenile court proceedings and records are confidential under Welfare & Institutions Code § 827 — nothing on this page identifies any child, family, or case. Statutes, rules, forms, durations, and case holdings change — verify all references with counsel before relying on them.
























