In re Carlos H.

The People filed a petition under Welfare and Institutions Code section 602, alleging that Carlos H. committed two counts of sexual battery against a female high school classmate. Prior to adjudication, the juvenile court issued a restraining order against Carlos prohibiting him from, among other things, contacting the victim through a third party, and directing him to stay 100 yards away from the victim. The court was unpersuaded by the premise inherent in Carlos’s argument that the Legislature intended that persons threatened by a minor should enjoy less protection than persons threatening the minor. The court held that the order form used by the juvenile court to enter the order, including the "other orders" in section 9 of the form, was a reasoned and reasonable response by the juvenile court to Carlos’s conduct and the other relevant facts of the case (e.g., the fact that Carlos and the victim no longer attend the same school). The court also concluded that the order was entirely consistent with the public policy objectives underlying the juvenile delinquency laws generally and section 213.5 specifically. Accordingly, the court affirmed the order because the juvenile court’s decision was not arbitrary, capricious or patently absurd. View "In re Carlos H." on Justia Law