In re D.G. CA2/6

Filed 9/22/20 In re D.G. CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

IN RE D.G., A Person Coming 2d Juv. No. B298683 Under the Juvenile Court Law. (Super. Ct. No. PJ52828) (Los Angeles County) _____________________________

THE PEOPLE OF THE STATE OF CALIFORNIA,

Plaintiff and Respondent,

v.

D.G.,

Defendant and Appellant.

D.G. was charged in a juvenile wardship petition with committing a battery on school property (Pen. Code, § 243.2, subd. (a); Welf. & Inst. Code1 § 602). Prior to adjudication, the

All undesignated statutory references are to the Welfare 1

and Institutions Code.

juvenile court issued a temporary restraining order against D.G. as to the alleged victim of the battery pursuant to section 213.5 and rule 5.630 of the California Rules of Court. Following a noticed hearing, the court issued a three-year restraining order against D.G. as to the alleged victim. D.G. appeals from both orders, contending that neither order was supported by substantial evidence. We dismiss the appeal from the temporary restraining order as moot, and affirm the three-year restraining order. FACTS AND PROCEDURAL HISTORY On February 13, 2018, D.G., who was then 12 years old, was charged in a wardship petition with public intoxication (Penal Code, § 647, subd. (f)). On March 15, 2018, the petition was sustained. D.G. was ordered a ward of the juvenile court and placed home on probation with her grandmother. On May 7, 2019, while the prior wardship order was still in effect, D.G. was charged in a non-detained section 602 petition with committing a battery on school property against M.A. Due to her probationary status, D.G. was deemed ineligible for deferred entry of judgment. At the May 21, 2019 citation hearing, the court granted the prosecutor’s request for a temporary restraining order in favor of 13-year-old M.A. pursuant to section 213.5 and rule 5.630. The temporary restraining order, as set forth on form JV-250, required D.G. to “[s]tay 100 yards from victim. Do not attempt or actually prevent or dissuade any victim or witness from attending a hearing or testifying. Must have no personal, electronic, telephonic, or written contact with victim or his/her family. Must have no contact with victim through any third party, except attorney of record.”