In re Jonathan B.
Annotate this CaseIn 2009, father punched mother in the face once. In 2013, they separated. The three children lived primarily with mother and attended weekend visits with father. In 2014, the children attended a party with father, who drank alcohol. When mother picked up the children from the party she gave father a ride. Father became upset upon seeing hickeys on mother’s neck. He pinched her neck, grabbed her sunglasses off her face and broke them. At his house, he took her belongings from the car and threw them in the street, punched and slapped her. Mother got into the car and drove to the police station. The Department of Children and Family Services alleged that the children were endangered, based on father’s conduct and mother’s failure to protect the children. Father pled no contest. Mother argued that she should be stricken from the petition because she could not have known that father would have reacted as he did. The court sustained the petition, ordered that the children remain with mother, and continued father’s unmonitored visits. The court of appeal reversed. The findings under Welfare and Institutions Code 300(a) and (b)(1), were unsupported by substantial evidence because Mother took the proper actions to protect her children when Father assaulted her.
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