Opinion
NOT TO BE PUBLISHED
APPEAL from an order of the Superior Court of San Diego County Nos. J517052 A-C, J511465 A & C, Yvonne E. Campos, Judge.
BENKE, Acting P. J.
Presumed father P.A. appeals following an August 14, 2009, hearing in the juvenile dependency case of his children K.L., K.Y. and K.H. At the hearing, the court awarded custody to the children's mother, issued a restraining order prohibiting P.A. from having any contact with the children and terminated dependency jurisdiction.
P.A. contends the restraining order was issued upon an insufficient affidavit and insufficient findings of fact and the order is void because he was not provided notice of the application. The San Diego County Health and Human Services Agency (the Agency) concedes the restraining order was issued without notice to P.A. and a limited remand is necessary to effect proper notice on the limited issue of the restraining order.
In its brief the Agency states it will contact counsel for P.A. and counsel for the children regarding a stipulation for immediate issuance of the remittitur. No stipulation has been filed.
The application and affidavit for restraining order were filed on the date of the August 14, 2009 hearing. P.A. was not present at the hearing but was represented by counsel. Counsel did not object to the issuance of the restraining order. There is no indication in the record the application and affidavit were served on P.A. or that he had any notice a restraining order would be sought at the hearing. We therefore reverse the restraining order. We need not address P.A.'s remaining contention.
DISPOSITION
The restraining order is reversed due to lack of notice. The matter is remanded to the juvenile court for a new hearing on the application and affidavit for restraining order after proper notice.
WE CONCUR: O'ROURKE, J. IRION, J.