Domestic violence between parents, without more, does not support a jurisdiction finding under W&I Code, section 300, subdivision (a).  It was undisputed the children were not present, but rather asleep in a bedroom away from their parents, during the single domestic disturbance between the parents. This was insufficient to support a finding of a substantial risk that either child would suffer serious physical harm inflicted nonaccidentally. Additionally, there was no evidence in the record that the parents had engaged in multiple acts of domestic violence over an extended time.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/B310319.PDF