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Name: In re Cassandra B.
Case #: B172767
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 12/22/2004
Subsequent History: 3/23/05: revw den.
Summary

During dependency proceedings a restraining order issued against appellant mother, pursuant to Welfare and Institutions Code section 213.5. The order issued because mother was harassing the minor and her caretakers by telephone and voicemail, and had approached both the minor’s school and foster home, although she was prevented from accessing the minor. On appeal, mother contended that violent behavior is a prerequisite for the issuance of a restraining order, and because she had neither engaged in or threatened violent behavior, the juvenile court acted in excess of its jurisdiction in issuing it. The appellate court disagreed and affirmed the order. Substantial evidence supported the issuance of the restraining order. There is no requirement of violence for the imposition of a retraining order under the plain meaning of section 213.5, subdivision (a)(1). There was ample evidence that mother was “molesting” the minor, in that her actions were troubling, disturbing, annoying, and vexatious to the minor and her caregivers. Further, the order was directly appealable to the same extent as a restraining order granted in a civil action.