People v. Jonathan V. (In re Jonathan V.)

Good Law
19 Cal. App. 5th 236·228 Cal. Rptr. 3d 161
Court of Appeal of CaliforniaJanuary 9, 2018B271319California4,042 words

Opinion

lead Opinion

Bensinger, J.

*238 INTRODUCTION

On February 10, 2016, defense counsel, in a juvenile case, walked into court for a trial setting conference and was given "notice" by the prosecutor that the People were going to seek a two-year restraining order against her client, Jonathan V. When the case was called, defense counsel objected to the issuance of the order, informed the court she had not been given prior notice of the People's application and requested time to prepare for the hearing. Overruling defense counsel's objections, the court issued the two-year restraining order.

Jonathan argues the order must be reversed because (1) he did not receive adequate notice of or a hearing on the People's application for the restraining order, and (2) the order is not supported by substantial evidence. 1 Because we agree the juvenile court erred by issuing the restraining order without providing Jonathan sufficient notice or a meaningful opportunity to be heard, we reverse the two-year restraining order. In light of this ruling, we need not reach Jonathan's second contention concerning the sufficiency of the evidence.

FACTUAL AND PROCEDURAL BACKGROUND

On December 4, 2015, Randy G., Brandon S., H.Y., and…

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