How to Use a Restraining Order Strategically in Juvenile Dependency Cases

When you’re dealing with a restraining order and child custody in California, don’t hesitate to reach out to your attorney. If you file a restraining order in your case, it can have lasting consequences on custody and visitation.

File Form JV-245

How do you use a restraining order in CPS court? The process typically begins when a restraining order is filed. California Rule of Court 5.630 allows you to make this request orally at a scheduled court proceeding. Alternatively, you can file Form JV-245 to request a restraining order.

If you need to file a restraining order for the child’s protection, you should talk to their case worker or their attorney. You should also remember to include all of the people who need to be on the restraining order on the same form because Form JV-245 has lines where you can list multiple individuals.

Get an Ex Parte Order

In emergency situations, the judge can even issue an ex parte order. This essentially serves as an immediate restraining order. Later, a hearing will be held to determine whether the ex parte order should turn into a final order.

Boost Your Claim for Custody

A restraining order can affect your juvenile dependency case in more than one way. As a part of the restraining order, you can request changes in child custody, a move-out order, updates to visitation, and orders not to abuse. If the judge approves them, all of these orders have the capacity to influence your case.

For instance, a no-contact order between the child and the other parent would inherently mean that the other parent can’t contact the child. If you are trying to regain custody, this could benefit your case.

Let’s look at how this might function in practice. After a loud screaming match and the sound of physical fighting, a neighbor reports your family to CPS and your child is taken away. You reach out to your attorney and file Form JV-245 so that you and your child can be safe. Assuming your living situation is otherwise healthy and safe, there are good odds that you could come out on top in your case.

It’s important to be strategic about using a restraining order in dependency cases. For example, the order may end up having unintended consequences if you are still living with the other parent. If the other parent isn’t allowed visitation or contact with the child, you or the other parent would have to move out before the court would allow you to have custody.

Does a Protective Order Supersede a Custody Order?

A protective order can supersede a custody order, especially in cases where child abuse and domestic violence are involved. You can talk to a protection order lawyer to learn more about the impact this can have on your case.

At the very least, protective orders can temporarily modify access to custody and visitation. If the parent isn’t allowed to contact the child, they inherently can’t have physical custody or take advantage of their visitation rights.

Additionally, the protective order can impact the outcome of the juvenile dependency case and any custody decisions. If you have a protective order against the other parent and no longer live with them, this can help your case. For example, California’s current laws strongly encourage judge’s to avoid placing children with someone who is guilty of domestic violence.

Get Help for Your Juvenile Dependency Case

Using a restraining order in a dependency case can be tricky. By consulting with the best private lawyer for dependency court in California, you can learn more about what to expect from your case.

If the other parent has committed some type of abuse, there are good odds that you will be able to get some type of protective order in court. However, you will likely need to provide evidence or witness testimony. Your juvenile dependency attorney can assist you with filing the correct forms and gathering evidence, so you can work toward the best possible outcome.

To learn more about juvenile dependency cases and restraining orders, give our team a call today.