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Name: In re N.L.
Case #: B260293
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 05/21/2015
Summary

Restraining order improperly included child as a protected person where there was no evidence that mother put child in danger. The minor was removed from her mother and placed with her father following a dependency proceeding. Mother was allowed monitored visits. Two months later, father sought a restraining order seeking to keep mother away from him and the minor after mother made threats towards father. The court issued a temporary restraining order. Mother continued to have visits monitored by the Department. In support of a permanent restraining order, father alleged mother’s threats, including a threat to remove the minor from school. A permanent restraining order was issued. On appeal, mother contended that there was insufficient evidence to support the inclusion of the minor as a protected person in the restraining order. The appellate court agreed and reversed. The juvenile court found there was no evidence that the minor’s safety might be in jeopardy absent her inclusion in the restraining order. There was no evidence that mother had engaged in any violent or dangerous conduct towards the minor. Therefore, remand was required in order to modify the restraining order to exclude the minor as a protected person but instead require mother to stay away from the minor when the minor is physically in the father’s presence.