In re Raul O. CA2/6

FACTS

On August 11, 2015, a juvenile wardship petition (Welf. & Inst. Code, § 602, subd. (a)), and a notice of juvenile probation violation (Welf. & Inst. Code, § 777, subd. (a)) were filed against appellant. The wardship petition alleged that appellant committed misdemeanor battery against Jane Doe (Pen. Code, § 243, subd. (e)(1)) and misdemeanor vandalism (Pen. Code, § 594, subd. (b)(2)(A)). On August 20, 2015, appellant admitted count 2. Count 1 was dismissed with a Harvey waiver and the probation violation allegation was dismissed. On September 2, 2015, the juvenile court signed and filed a domestic violence criminal protective order pursuant to Penal Code section 1203.097. The order prohibits appellant from having any contact with Jane Doe.

DISCUSSION

Appellant argues that the criminal protective order exceeded the juvenile court’s jurisdiction. He is correct. Penal Code section 1203.097, subdivision (a), states: “If a person is granted probation for a crime in which the victim is a person defined in [s]ection 6211 of the Family Code, the terms of probation shall include all of the following . . . .” Under the express terms of the statute, a judge may only issue a criminal…