People v. Carlos H.

Pursuant to Welfare and Institutions Code section 602, the People filed a petition alleging that Carlos H. (Carlos) committed two counts of sexual battery against a female high school classmate. The juvenile court, prior to adjudication, issued a restraining order against Carlos prohibiting him from, among other things, contacting the victim through a third party, and directing him to stay 100 yards away from the victim (the order). On appeal, Carlos contends that the juvenile court abused its discretion, because the form used by the court to enter the order, Judicial Council form JV-255, purportedly does not permit such restrictions.

We disagree and, accordingly, affirm the juvenile court’s issuance of the order.

BACKGROUND

I. The incident

On March 19, 2015, while at school, Carlos (aged 15 at the time) asked the victim for a hug. Although the victim did not know Carlos well—they had previously attended the same elementary school—she reluctantly gave him one. Carlos then asked her for a second hug while he stared at her breasts. The victim told him to stop staring at her breasts, and she walked away without hugging him. Carlos followed the victim and poked her in the…