Restraining Order in Juvenile Dependency Court (WIC 213.5)
A restraining order under Welfare and Institutions Code Section 213.5 is a protective order issued by the juvenile court to protect a child or parent involved in a juvenile dependency proceeding from abuse, threats, or harassment by another person involved in the case.
In California Family Law
Under Welfare and Institutions Code Section 213.5, the juvenile court may issue a restraining order in a dependency case to protect the child, a parent, a guardian, or the current caretaker of the child. The order may restrain a party from molesting, attacking, striking, stalking, threatening, battering, harassing, telephoning, contacting, or coming within a specified distance of the protected person. A restraining order issued under WIC 213.5 is distinct from a domestic violence restraining order (DVRO) issued under Family Code Section 6300, though the protective provisions may be similar. When both a family law case and a juvenile dependency case involve the same parties, the orders issued by the juvenile court take precedence under Welfare and Institutions Code Section 304. The order may be issued on an ex parte basis and remains in effect until the next hearing, at which the court may issue a longer-term order after notice and an opportunity to be heard. A WIC 213.5 restraining order is enforceable by law enforcement and is entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). Violation of the order is punishable under Penal Code Section 273.6.
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