A proceeding initiated by or brought against a minor for any of the injunctions or orders described in paragraph (1) of subdivision (b) of Section 372 or subdivision (a) of Section 374 shall be heard in the court assigned to hear those matters; except that, if the minor bringing the action or against whom the action is brought has previously been adjudged a dependent child or a ward of the juvenile court, the matter shall be heard in the juvenile court having jurisdiction over the minor.
§ 374.5.Court Hearing Proceedings Pursuant to Section 372 Or 374
Title 3. Of the Parties to Civil Actions · Chapter 3. Disability of Party · Enacted 1998 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 374.5 assigns proceedings under § 372(b) or § 374 involving a minor to the court designated to hear those matters, unless the minor has already been adjudged a dependent child or ward of the juvenile court, in which case the juvenile court with jurisdiction over the minor hears the matter.
Full Text of § 374.5
Plain-English Summary
Section 374.5 answers a jurisdictional question that follows from letting minors seek or oppose protective orders under § 372(b) or § 374: which court hears the case? The default answer is the court assigned to hear those specific kinds of matters.
But if the minor bringing or defending against the action has already been adjudged a dependent child or a ward of the juvenile court, the statute redirects the case to the juvenile court that already has jurisdiction over that minor, keeping the minor's protective-order proceeding with the court already familiar with the minor's circumstances rather than splitting oversight between two courts.
Frequently Asked Questions
Which court hears a minor's protective-order request under § 372 or § 374?
Ordinarily, the court assigned to hear those matters, unless the minor has already been adjudged a dependent child or ward of the juvenile court.
What happens if the minor is already a dependent of the juvenile court?
Section 374.5 sends the proceeding to the juvenile court that already has jurisdiction over that minor, rather than to the general court that would otherwise hear it.
Does this section change who may bring the underlying protective-order request?
Amendment History
Added by Stats. 1998, Ch. 706, Sec. 3. Effective September 22, 1998.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: juvenile court jurisdiction protective order minordependent child restraining order court california