In re C.Q

In In re C.Q. (2013) 219 Cal.App.4th 355, the Department responded to a referral of an incident of domestic violence reported by the mother (July 11, 2012, incident). According to the mother, the father abused her in the family home in the immediate presence of their 12-year-old daughter and while their other three daughters, one of whom was an adult, were in the home. (Id. at p. 357.) At the adjudication and disposition hearing that was held about three months after the July 11, 2012, incident, the mother requested a permanent restraining order against the father. (Id. at p. 362.) The juvenile court "issued a permanent restraining order requiring Father to stay away from Mother, the three minor children (except during monitored visitation), the children's school or childcare, and the home where Mother and the children live." (Id. at p. 363.) On appeal, the father contended there was insufficient evidence to support the issuance of a restraining order naming the three minor children as protected persons. (Id. at pp. 357, 363.) The Court of Appeal reversed the portion of the restraining order naming the children as protected persons, stating, "There is no evidence indicating the children's safety might be in jeopardy absent their inclusion in the restraining order. ... Father has monitored visitation with the children, and Mother is not permitted to monitor those visits. The children have stated they want visits with their father and are not afraid of him. There have been no reports that Father has engaged in any violent or otherwise inappropriate conduct since the July 11, 2012 incident." (In re C.Q., supra, 219 Cal.App.4th at p. 364.) The court said that issuance of a restraining order under section 213.5 does not require that the person being restrained had "'previously molested, attacked, struck, sexually assaulted, stalked, or battered the child.'" (In re C.Q., at p. 363.) The court added, "Issuance of the restraining order is not proper unless failure to issue the order might jeopardize the safety of the children. " (Id. at p. 365.)