P.

FACTS AND PROCEDURAL HISTORY

Smith and Brandy A. were married and had three minor children, including daughter B. The family lived with Smith's mother in Oxnard. In 2008, Smith and Brandy A. separated, and in November 2009, they divorced. During an argument in 2008, Smith assaulted Brandy A. Brandy A. was then pregnant and suffered injuries from the assault. Smith was charged and convicted of

1 All further statutory references are to the Penal Code unless otherwise stated. spousal battery and sentenced to prison in February 2009. The sentencing court also issued a restraining order that stated that Smith "[m]ust not attempt to or actually prevent or dissuade any victim or witness from attending a hearing or testifying or making a report to any law enforcement agency or person." When Brandy A. explained to B. that her father would be incarcerated for several years, B. looked frightened and stated that "her daddy made her touch his pee- pee." Several weeks later, B. asked her mother to explain "the white stuff" regarding her father's "pee-pee." Brandy A. informed B.'s school counselor and later police officers regarding B.'s statements. On February 12, 2009, B.…