Title
Title
Rules and Forms | Juvenile Law: Restraining Orders
(Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends amending several California Rules of Court, and revising several forms to conform to recent statutory changes that impact juvenile restraining orders. Assembly Bill 1621 (Gipson; Stats. 2022, ch. 76) redefines “firearm precursor parts” and Assembly Bill 92 (Connolly; Stats. 2023, ch. 232) specifies that a person who is prohibited from possessing firearms is also prohibited from possessing, owning, or buying body armor. The committee also proposes a new notice of hearing form that is separate from the temporary restraining order forms and a new rule clarifying the requirement that the juvenile court that has jurisdiction of a child or youth must hear requests for restraining orders initiated by or brought against the child or youth.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2025:
1. Adopt rule 5.632 to clarify the requirement that the juvenile court that has jurisdiction of a child must hear requests for civil harassment, work violence prevention, and domestic violence protective orders;
2. Amend rules 5.620, 5.625, and 5.630 to remove “Notice of Court Hearing and” from the titles of forms JV-250 and JV-260 referenced in those rules, and add a reference to recommended new Notice of Court Hearing (form JV-249) in rules 5.625 and 5.630;
3. Amend rule 5.630 to clarify that a restraining order may be terminated by using Order to Change or End Restraining Order After Hearing--Juvenile (form JV-257) and to add that when a juvenile dependency case is closed, Juvenile Restraining Order After Hearing (form JV-255) may be modified under rule 5.92;
4. Adopt Notice of Court Hearing (form JV-249) as a mandatory form to provide notice of a court hearing on a restraining order request;
5. Revise Request for Juvenile Restraining Order (form JV-245) with the new definition of firearm precursor part and with information on a potential order prohibiting the possession of body armor;
6. Revise Response to Request for Juvenile Restraining Order (form JV-247) to include a reference to the recommended new Notice of Court Hearing (form JV-249) and to add an item on the prohibition on body armor;
7. Revise Notice of Court Hearing and Temporary Restraining
Order--Juvenile (form JV-250) with a new title, Temporary Restraining
Order--Juvenile. The form would also be revised to include the new definition of firearm precursor part and an order prohibiting the possession of body armor. It would also be revised to remove the notice portion of the form;
8. Revise Juvenile Restraining Order After Hearing (form JV-255) to include the new definition of firearm precursor part and to include an order prohibiting the possession of body armor;
9. Revise Change to Restraining Order After Hearing--Juvenile
(form JV-257) with a new title, Order to End or Change Restraining Order After Hearing, and convert the form into a plain language form;
10. Revise Request for Juvenile Restraining Order Against a Child
(form JV-258) to include the new definition of firearm precursor part, add information on a potential order prohibiting body armor, and remove “Notice of Court Hearing and” from the title of form JV-260 in the instructional box at the end of the form;
11. Revise Response to Request for Juvenile Restraining Order Against a Child (form JV-259) at item 9 to remove “Notice of Court Hearing and” from the title of form JV-260 and to add a new item on the prohibition on body armor;
12. Revise Notice of Court Hearing and Temporary Restraining Order Against a Child (form JV-260) with a new title, Temporary Restraining Order Against a Child, revise the form to include the new definition of firearm precursor part and an order prohibiting the possession of body armor, and remove the notice portion of the form;
13. Revise Juvenile Restraining Order After Hearing--Against a Child
(form JV-265) with a new title, Juvenile Restraining Order Against a
Child--Order After Hearing, and include in the form the new definition of firearm precursor part and an order prohibiting the possession of body armor;
14. Revise Proof of Personal Service (form JV-268) to include recommended new Notice of Court Hearing (form JV-249), to remove “Notice of Court Hearing and” from the titles of forms JV-250 and JV-260, and to remove the CLETS identifier on the footer of the form; and
15. Revise Prohibited Items Finding and Orders (form JV-272) to remove “Notice of Court Hearing and” from the titles of forms JV-250 and JV-260.
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