Los Angeles County Department of Children & Family Services v. Rodrigo C.

Good Law
148 Cal. Rptr. 3d 835·2012 Cal. App. LEXIS 1133·210 Cal. App. 4th 930·2012 WL 5333419
Court of Appeal of CaliforniaOctober 30, 2012No. B240227California6,634 words

Opinion

Lead Opinion

Turner, J.

I. INTRODUCTION

Rodrigo C., the father of three children, R.C., Michelle C. and Stephanie C., appeals from the juvenile court’s jurisdictional and dispositional orders. The father argues there was insufficient evidence to support the juvenile court’s *932 jurisdiction under Welfare and Institutions Code section 300, subdivision (b). 1 The father argues there was no evidence the children suffered any physical harm during the two domestic violence incidents between the parents. He also contends there is no ongoing domestic violence because he is complying with a three-year restraining order protecting the mother against him. We find sufficient evidence to support the allegation the father engaged in domestic violence such that there was a substantial risk the children would suffer serious physical harm. Accordingly, we affirm the jurisdictional and dispositional orders.

II. PROCEDURAL HISTORY

On January 19, 2012, the Los Angeles County Department of Children and Family Services (the department) filed a section 300 petition on behalf of R.C., age 9; Michelle, age 6; and Stephanie, age 3. The section 300, subdivision (b) allegation which is at issue states: “On [January…

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