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Name: In re D.B.
Case #: H051945
Opinion Date: 20250528
Summary

Section 213.5, subdivision (a) vests the juvenile court with authority to issue restraining order against a dependent child. Teenage Minor and Mother had a difficult relationship, which included verbal threats and physical assaults by both parties. Mother was no longer willing to care for Minor and Minor became a dependent. Following a bomb threat made by Minor, Mother requested a restraining order protecting her from Minor, which the juvenile court issued. Minor appealed and the reviewing court affirmed. Despite the termination of the restraining order during the pendency of the appeal, the court exercised its discretion to consider the appeal because it presents an issue of broad public interest that is likely to evade appellate review and could have consequences for Minor in future proceedings. Section 213.5, subdivision (a) allows the juvenile court to issue a restraining order against a person for disturbing the peace of any parent. A “person” includes a dependent child. Thus, the plain language of the statute authorizes the court to issue the restraining order protecting Mother in this case. The court’s exercise of its authority under this section was supported by substantial evidence and was thus proper.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/H051945.PDF