In re C.Q. CA2/1

In this dependency case (Welf. & Inst. Code, § 300 et seq.), the juvenile court issued a permanent restraining order requiring G.Q. (Father) to stay away from A.R. (Mother) and Father and Mother’s three minor children except during monitored visitation. Father appeals from the restraining order, challenging the sufficiency of the evidence supporting the portion of the order naming the children as protected persons. He does not challenge the portions of the order requiring him to stay away from Mother and the family home where Mother and the children live.

Mother urges this court to affirm the restraining order in its entirety. Respondent Los Angeles County Department of Children and Family Services (DCFS) did not recommend the juvenile court issue the restraining order. Nor did it take a position below on Mother’s request for a restraining order. DCFS has not filed a brief or otherwise made an appearance on appeal.

We reverse the portion of the restraining order naming the children as protected persons for the reasons discussed below.

BACKGROUND

Detention

In July 2012, when this family came to DCFS’s attention, Father and Mother were married and living together with…