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Name: In re R.C.
Case #: B240227
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 10/30/2012

There was sufficient evidence to support a petition where father engaged in domestic violence such that there was a risk of physical harm to the minors. Father appealed the jurisdiction and disposition orders over his minor children, who were made dependents of the court and removed from the parents due to two incidents of domestic violence between the parents. At least one of the minor children had witnessed father choking mother and asking for a gun so he could shoot her. Father had threatened to kill mother and take the children to Mexico. Father argued on appeal that the Department failed to prove that two incidents of domestic violence between the parents placed the children at substantial risk of harm. The appellate court rejected the argument and affirmed. There was substantial evidence to support the court’s findings. There was evidence that father had abused mother on other occasions. The alleged incident occurred in front of the three-year-old minor, who ran out a front door in fear. This case did not involve a single act, but two separate acts of escalating violence that caused the minors to be afraid of father.