Welfare and Institutions Code section 213.5 authorizes protective orders in juvenile-court proceedings. In a dependency case, the juvenile court can protect the child and specified other people against abuse, threats, harassment, unwanted contact, and other conduct covered by the statute.

Who and What the Order Can Protect

Depending on the circumstances, protection can extend to other children in the household, a parent, legal guardian, current caretaker, or the child’s current or former social worker or court-appointed special advocate. The statute also addresses exclusion from a residence and protection of animals. Its separate wardship provisions should not be confused with dependency proceedings.

The court may issue a temporary order without advance notice. Section 213.5 then requires a prompt hearing and provides rules for continuances. Following notice and a hearing, an order may generally last up to three years, subject to the statute’s provisions for termination or extension.

In California Family Law

A juvenile-court protective order is distinct from a family-court domestic violence restraining order under Family Code section 6300. Under Welfare and Institutions Code section 304, custody issues concerning a dependent child belong in juvenile court during the specified dependency period. This is more precise than saying that every juvenile order automatically overrides every family-court order.

A knowing violation of a qualifying protective order can have criminal consequences under Penal Code section 273.6. The terms of the actual order, service or knowledge, and the applicable enforcement requirements matter.