In re Jesus M.
Annotate this CaseMother had legal and physical custody; Father had visitation. Mother obtained a restraining order, prohibiting Father from harassing or contacting Mother except to facilitate visitation, and requiring him to stay 100 yards away from her, her home, her workplace and her vehicle. In 2013, Mother submitted a declaration that Father contacted her through calls and texts every day; followed her; waited outside her house; harassed her in the street; picked up the children without informing her; and denigrated her to the children. The restraining order was made permanent. A month later, the Department of Children and Family Services received a report that Mother had left the children (ages 12 and 10) unsupervised and allowed them to ride their bicycles around the neighborhood unsupervised. In interviewing Mother, the caseworker learned of domestic violence committed by Father before their separation and that Father had repeatedly violated the restraining order, which was traumatizing to the children, especially when she called the police to report violations. Mother reported that Father did not mistreat the children. The court of appeal reversed the juvenile court’s order asserting jurisdiction. A finding that Father’s conduct placed the children at risk of emotional injury could not support jurisdiction under Welfare and Institutions Code section 300(b), which requires proof of physical harm or substantial risk of such harm.
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