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Name: In re T.V.
Case #: D063023
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 05/29/2013

Removal of minor from parents who engaged in domestic violence was proper even where child was not present during the incident. Father contended there was insufficient evidence to justify jurisdiction or removal where there were no allegations of how the minor was at risk of suffering harm as a result of one incident of domestic violence which did not occur in the minor’s presence, and she was otherwise healthy and happy in the home. The appellate court rejected the argument and affirmed the trial court’s orders. The evidence showed that the parents had a lengthy history of domestic violence often requiring police intervention. Father had several convictions for spousal abuse, and mother had obtained restraining orders against him. During the alleged incident, father punched mother in the face, knocked her to the ground, and stepped on her, but denied responsibility. Although the minor was not present at the time, the domestic violence between the parents was ongoing and likely to continue, thereby placing the minor at risk of harm.