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Name: In re Lilianna C. (2024) 99 Cal.App.5th 638
Case #: B324755
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 02/08/2024
Summary

Welfare and Institutions Code section 213.5 does not limit a juvenile court’s power to issue a restraining order to situations in which the petition was filed by a probation officer. Minor was removed from Mother and placed with a maternal aunt (Maunt). Mother called Maunt and left a threatening voicemail. The juvenile court issued a restraining order protecting Minor, Maunt, and other household members from Mother. Mother appealed the dispositional orders and the reviewing court affirmed. Mother challenged the issuance of the restraining order based on a literal reading of Welfare and Institutions Code section 213.5, which limits the juvenile court’s power to issue a restraining order to a situation in which the petition was filed by a probation officer. The reviewing court rejected this interpretation, finding that it would lead to an absurd result, was likely the result of a drafting error, and does not reflect the broad intent of the statute.