Garcia

Garcia v. Escobar

Good Law
17 Cal. App. 5th 267·225 Cal. Rptr. 3d 300
Court of Appeal of CaliforniaNovember 15, 2017B279530California1,835 words

Opinion

lead Opinion

Flier, J.

*269 "A 'juvenile court' is a superior court exercising limited jurisdiction arising under juvenile law." ( In re Chantal S. (1996) 13 Cal.4th 196 , 200, 51 Cal.Rptr.2d 866 , 913 P.2d 1075 .) " '[F]amily court' refers to the activities of one or more superior court judicial officers who handle litigation arising under the Family Code. It is not a separate court with special jurisdiction, but is instead the superior court performing one of its general duties." ( Id . at p. 201, 51 Cal.Rptr.2d 866 , 913 P.2d 1075 .) Both the juvenile court and the family court may issue protective orders to protect against domestic violence. ( Welf. & Inst. Code, §§ 213.5, 304 ; Fam. Code, §§ 6218, 6320.) A protective order enjoins specific acts of abuse. ( Fam. Code, § 6218.)

In this case, the juvenile court issued a protective order, protecting appellant Maria G. Garcia and her daughter and enjoining respondent Gilbert Escobar from specified acts of abuse. The protective order remained effective after the juvenile court terminated its jurisdiction. On appeal, Garcia and amicus curiae persuasively show that Family Code section 6345 -which governs the renewal of a domestic violence restraining…

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