NEWPORT BEACH, Calif. — A judge at the Harbor Justice Center declined to immediately expand a father’s contact with his children, citing the timeline of a protective order despite arguments that the father had made measurable progress in treatment programming.
At a recent hearing, Judge Derek G. Johnson rejected the request from the accused’s side to increase contact between the father and his children, despite claims that there had been noticeable progress achieved in treatment programming on the father’s side.
The accused attended the hearing as the result of a plea deal in connection with numerous felony charges that included child endangerment/abuse, resisting arrest by use of force, and refusing to submit either blood or saliva samples for testing. Counts 1 and 4 were to be resolved under Penal Code § 17(b), thus enabling the court to downgrade the offense as per the terms of the plea agreement and classify it as a misdemeanor rather than a felony charge.
In addition to this, the court sentenced the accused to four years of informal, unsupervised probation. The individual was to fulfill multiple court-imposed conditions, which included the completion of 80 hours of Caltrans work requirement, restitution, and a one-year child abuse treatment program.
At the hearing, the public defender emphasized that the accused had diligently engaged in treatment programming for over a year and that he continued to meet major counseling requirements while attending Alcoholics Anonymous meetings.
The request was submitted by the accused in relation to expanding the terms of the protective order and increasing peaceful contact with his children. The children’s mother told the court that it has been a year since the children had seen their father and explained that “they miss their dad.” The mother also told the court that no physical harm had ever come to the children and that they were only witnesses to abuse.
According to the judge, contact by telephone could remain, but in-person visitation may be reconsidered if there is documentation confirming completion of the court-mandated child abuse treatment program. When the public defender asked to amend the order immediately based on the mother’s testimony, the judge stated that it was “too soon for my estimation.” However, he added that there may come a time when issues of custody and visitation will be considered separately in family court.
This debate highlights the difficulty encountered in matters involving protective orders, where individuals who have completed both voluntary and court-ordered treatment, along with support from family members in an effort to reunite with their children, remain restricted due to protective order timelines.
In the course of probation, the court instructed the accused to complete treatment programming and the Caltrans work program by Oct. 28, 2027. In addition, he was informed that if probation is violated, the consequence would be serving up to four years in Orange County Jail.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
