San Diego Cnty. Health & Human Servs. Agency v. E.S. (In re C.M.)

*380 At a special hearing, the juvenile court issued a permanent restraining order prohibiting the child's stepfather from having any contact with the child. ( Welf. & Inst. Code, § 213.5.) 1 The child's mother, E.S., appeals from an order of the juvenile court issued at the same hearing, directing the San Diego County Health and Human Services Agency (Agency) to immediately remove her child from her care if there is "any evidence that the minor has been exposed to [his stepfather] or if mother violates the restraining order." We reverse the order.

*895 FACTUAL AND PROCEDURAL BACKGROUND

C.M., who is now eight years old, is the son of E.S. and C.M., Sr. 2 In January 2016, E.S. married K.K. E.S. knew that K.K. had a history of domestic violence in another relationship and had completed a domestic violence treatment program. During the first year of their marriage, there were four incidents of domestic violence between E.S. and K.K. During one of those incidents, K.K. hit E.S. in the face, giving her two black eyes. C.M. was present during another incident.

On January 7, 2017, K.K. pushed E.S. and hit her in the face, sprayed bleach on C.M., poured bleach on a pile of their…