San Bernardino County Department of Children's Services v. Leroy F.

*885 Opinion

This is a juvenile dependency proceeding in which the minor, Matthew F., was declared a dependent child of the court on July 27, 2004. (Welf. & Inst. Code, 1 § 300 et seq.) During the proceedings, the court issued a temporary restraining order, followed by a three-year restraining order, against the minor’s father, Leroy F. (hereafter father). The restraining orders were issued pursuant to section 340.5. 2 The father appeals, contending that the trial court lacked jurisdiction to issue the three-year restraining order.

FACTS

On December 14, 2004, the social worker assigned to the case filed a declaration in support of her request for a temporary restraining order against father. In her declaration, the social worker cited a number of instances in which father threatened her with physical violence. She stated, “His behavior makes me afraid for my safety.” She felt there was a potential for violence if father’s parental rights were terminated in accordance with the current recommendation. The declaration concludes: “As an effort to protect against workplace violence, [Department of Children’s Services] is currently considering transferring this case to another Social…