In re A.J. CA2/3

CourtCalifornia Court of Appeal
DecidedDecember 23, 2025
DocketB342504
StatusUnpublished

This text of In re A.J. CA2/3 (In re A.J. CA2/3) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re A.J. CA2/3, (Cal. Ct. App. 2025).

Opinion

Filed 12/23/25 In re A.J. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

In re A.J. et al., Persons Coming B342504 Under the Juvenile Court Law. (Los Angeles County Super. Ct. No. 24CCJP03159A-B)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

I.J.,

Defendant and Appellant.

APPEAL from orders of the Superior Court of Los Angeles County. Cathy J. Ostiller, Judge. Affirmed in part, dismissed in part. Benjamin Ekenes, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, and Sally Son, Senior Deputy County Counsel, for Plaintiff and Respondent.

__________________________________________

In this juvenile dependency appeal, I.J. (father) challenges dispositional orders made by the juvenile court. In particular, father argues substantial evidence does not support the court’s order removing his daughter and son from his care. Father also argues the juvenile court abused its discretion when it ordered monitored visits with his children. After father filed his appeal, the juvenile court terminated jurisdiction and ordered unmonitored visits for father, including overnight visits. Thus, the visitation issue father raises on appeal has been rendered moot. As to the removal order, we find no error and affirm. BACKGROUND 1. The Family Father and A.W. (mother) have been together as a couple for 15 years and married for five of those years. They have two children, A.J. (daughter) and I.J. (son). When the underlying proceedings began, daughter was ten years old and son was four years old. Mother has an older adult daughter, S.C. (half sister), from a different relationship. Although father is not half sister’s biological parent, he considers her his biological child and “practically raised her as his.” Although mother and father were married, they did not live together. Mother lived with daughter, son, and half sister. Father visited them at home a few times a week and sometimes stayed the night. Mother explained father did not live with them “because she is currently under Section 8, and father is not on the

2 contract.” According to mother, father “bounces” between different homes of relatives and friends. Father joined a gang when he was a teenager. However, for the past year or more, father, now in his thirties, had been “staying away from the gang life” and was “focused on being a family man.” 2. Events Preceding Petition In August 2024, father was arrested after he physically assaulted mother. The children were home during the altercation. Son was asleep but daughter and half sister witnessed some of the incident. Half sister called 911 prompting father to leave the home. Soon after, mother heard a gunshot from outside. Daughter saw father in the alley outside the home shoot a gun approximately two times into the air. Mother reported to the responding officers that father had strangled her by grabbing her neck, pinning her against a door and lifting her off the ground. Father held mother’s neck for five to six seconds, during which time she could not breathe. Daughter also reported seeing father pin mother to the wall with both of his hands on mother’s throat. Half sister saw father push mother into a staircase railing outside the apartment when mother tried unsuccessfully to call police. Mother and daughter both reported father headbutted mother two times in the head. Daughter said this caused mother to fall backward in the chair on which she was sitting. Mother told the officers this was not the first incident of domestic violence. Mother declined an emergency protective order. The officers apprehended father nearby. Father acknowledged his actions and expressed regret, stating “ ‘I shouldn’t have put my hands on her.’ ” When questioned about the gun, father stated both, “ ‘I tossed it, I gave it to a friend’ ” and “ ‘I don’t carry guns no more.’ ”

3 A few days after the incident, the criminal court issued a criminal protective order protecting mother and daughter from father. The Los Angeles County Department of Children and Family Services (Department) opened an investigation. One week after the altercation, a Department social worker spoke with mother. Recalling the incident, mother stated “everything happened so fast” and “was a bit of a blur.” She felt it was her fault because she had angered father. She explained they were experiencing financial stress and that night she was irritated and tired. She said “she took out her stress and frustration on father.” Although mother confirmed father had “put his hands around her neck and pinned her into the door,” she said she could breathe and did not lose consciousness. Mother also clarified she believed father accidentally bumped into her head and did not headbutt her. She said daughter did not appear scared during the incident, but daughter did cry afterward because father had been taken to jail. Mother did not believe the incident impacted daughter because it was the only time she had seen domestic violence at home. Although mother confirmed she heard a gunshot after father left the home, she noted there were “always shootings in the area, so it could have been anyone.” Mother told the social worker father did not own a gun and she had never seen him with a gun. She said father was not an angry or violent person and this was the first time she had seen him so upset. Mother was not afraid of father and was not concerned for the children in his care. She denied previous domestic violence incidents with father and denied reporting that there had been earlier incidents. She also denied an October 2023 incident that appeared in 911 call logs indicating police responded to her home after a call was made that included “male in background

4 screaming/threatening/violent struggle heard then line disconnected.” Mother participated in a three-hour interview for a family preservation assessment. The counselor who conducted the interview “did not find any unusual or adverse outcomes.” However, she reported mother minimized the level of domestic violence. It was noted, “Mother appears to minimize and overlook the severity of violence demonstrated by father; and the traumatic impact this may have had on the children.” Although mother identified the August altercation as the only incident of domestic violence, an assessment summary also referenced the Department referral which stated there was a history of domestic violence. The assessment summary stated the parents were complying with the criminal protective order but mother “expects to reunite ASAP” and “plans to reunify with father ASAP.” The Department social worker also spoke with father. Father acknowledged he was wrong to grab mother by the throat but he did not believe the incident was as severe as had been reported. He indicated he and mother were under financial stress, which exacerbated the situation and made it different from past arguments. Father explained mother had referenced a rival gang during their argument, which father interpreted as a threat to his life. He said he did not intend to hurt mother. He denied headbutting, choking, or hurting her. He denied grabbing her throat with any force or pressure.

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In re A.J. CA2/3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-aj-ca23-calctapp-2025.