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

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.