Rule 5.625.Orders after filing of petition under section 601 or 602

Division 3. Juvenile Rules · Chapter 8. General Court Authority · Last amended 2025 · Last verified September 10, 2026

In one sentenceRule 5.625 sets out the orders available once a wardship petition is filed — restraining orders on the right form, guardianship, and modification of a probate guardianship.

Full Text of Rule 5.625

Text sizeJump to: (a) (b) (c)

(a) Restraining orders (§ 213.5)

After a petition has been filed under section 601 or 602, and until the petition is dismissed or wardship is terminated, the court may issue restraining orders as provided in rule 5.630. A temporary restraining order must be prepared on Temporary Restraining Order—Juvenile (form JV-250) or, if the restrained person is the subject of a petition under section 601 or 602, on Temporary Restraining Order Against a Child (form JV-260). An order after hearing must be prepared on Juvenile Restraining Order After Hearing (form JV-255) or, if the restrained person is the subject of a petition under section 601 or 602, on Juvenile Restraining Order Against a Child—Order After Hearing (form JV-265).

(b) Appointment of a legal guardian (§§ 727.3, 728)

At any time during wardship of a child under 18 years of age, the court may appoint a legal guardian of the person for the child in accordance with the requirements in section 366.26 and rule 5.815.

(1) On appointment of a legal guardian, the court may continue wardship and conditions of probation or may terminate wardship.

(2) The juvenile court retains jurisdiction over the guardianship. All proceedings to modify or terminate the guardianship must be held in juvenile court.

(§ 728)

At any time after the filing of a petition under section 601 or 602 and until the petition is dismissed or wardship is terminated, the court may terminate or modify a guardianship of the person previously established under the Probate Code. The probation officer may recommend to the court in a report accompanying an initial or supplemental petition that an existing probate guardianship be modified or terminated. The guardian or the child’s attorney may also file a motion to modify or terminate the guardianship.

(1) The hearing on the petition or motion may be held simultaneously with any regularly scheduled hearing regarding the child. The notice requirements in section 294 apply.

(2) If the court terminates or modifies a previously established probate guardianship, the court must provide notice of the order to the probate court that made the original appointment. The clerk of the probate court must file the notice in the probate file and send a copy of the notice to all parties of record identified in that file.

End

Plain-English Summary

The delinquency counterpart to rule 5.620, and the practical difference is which form to use. Restraining orders are available from filing until the petition is dismissed or wardship terminated. Where the restrained person is the child who is the subject of the petition, the temporary order and the order after hearing each go on their own dedicated forms rather than the general juvenile ones.

At any time during wardship of a child under 18, the court may appoint a legal guardian of the person under the permanency statute and its rule. On appointment it may continue wardship and probation conditions or terminate wardship — and the juvenile court retains jurisdiction, so all proceedings to modify or terminate the guardianship are held there.

As in dependency, an existing probate guardianship may be terminated or modified at any time after the petition is filed, on the probation officer’s recommendation or a motion by the guardian or the child’s attorney, heard alongside any regularly scheduled hearing — with notice afterwards to the probate court that made the appointment.

Frequently Asked Questions

Which restraining order form applies in a delinquency case?

The general juvenile forms (JV-250 and JV-255) — unless the restrained person is the child who is the subject of the petition, in which case the temporary order goes on form JV-260 and the order after hearing on form JV-265.

Can a guardian be appointed for a ward?

Yes, at any time during wardship of a child under 18. The court may then continue wardship and probation conditions or terminate wardship, and the juvenile court retains jurisdiction over the guardianship.

Amendment History

Rule 5.625 amended effective January 1, 2025; adopted as rule 1429.3 effective January 1, 2000; previously amended effective January 1, 2003, January 1, 2014, January 1, 2021, and January 1, 2023; previously amended and renumbered effective January 1, 2007.

(Subd (a) amended effective January 1, 2025; previously amended effective January 1, 2003, and January 1, 2007, January 1, 2014, and January 1, 2023.) (Subd (b) amended effective January 1, 2021; adopted as subd (c); previously amended effective January 1, 2003; previously amended and relettered as sub(b) effective January 1, 2007.) (Subd (c) adopted effective January 1, 2021.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: orders after wardship petition CaliforniaJV-260 restraining order against childguardianship delinquency California