CHILDREN AND THE LAW
...Dependency Petitions
......Restraining Orders
12 Cards On This Topic:

Children properly included in three-year RO issued against father under W&IC §213.5 where his DV against mother with children present disturbed children's peace; physical violence against children unnecessary to sustain order.

Family ct. has jurisdiction to renew a domestic violence restraining order initially granted by juvenile ct.

Once the juvenile ct. terminates jurisdiction, the family ct. assumes jurisdiction over restraining orders issued in the juvenile ct. and may renew them.

Fam. Code §6345 applies to restraining orders issued by the juvenile ct. as well as those issued by the family ct.

Conditional removal order reversed as it disregards dependency scheme guarantees of procedural and substantive due process to both child and parent.

Juvenile court erred in including C in RO against mother where mother was not violent to or in front of C; C to be excluded as a protected person except when physically in F's presence.

As F's violation of family law RO—harassing mother and denigrating her to Cs—placed Cs at risk of emotional, but not physical injury, his conduct could not support jurisdiction under W&IC 300(b).

Order restraining F from contact with minor Cs was not proper where failure to issue the order would not jeopardize their safety and sufficient evidence did not support their inclusion as protected persons.

Legislature clearly provides that a criminal court restraining order and a juvenile court restraining order must be allowed to coexist; evidence supported restraining order protecting C as well as his mother.

Juvenile court had jurisdiction to enter permanent restraining order against father to protect social worker no longer assigned to dependency case.

As reasonable and practical construction can be given to 'stalking' as used in W&IC 213.5 (a), derived from statutes and common usage, it is not unconstitutionally vague and restraining order against grandparent supported by substantial evidence.

Violence need not be present for imposition of restraining order under plain meaning of W&IC 213.5 (a)(1); molest is not necessarily sexual, but means to trouble, disturb, annoy or vex.