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Hauck v. Riehl

California Court of Appeal, Second District, Fifth Division

March 11, 2014

Dennis K. HAUCK, Appellant,
v.
Michael L. RIEHL, Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, David S. Cunningham, Judge. Reversed and remanded with instructions. (No. BF030864)

Page 696

[Copyrighted Material Omitted]

Page 697

COUNSEL

Dennis K. Hauck, in pro. per., for Appellant.

Michael L. Riehl, in pro. per., for Respondent.

OPINION

MINK, J.[*]

A five-year-old child lives with her mother, Brook Bennett-Hauck, and her stepfather, Dennis Hauck (" stepfather" ). Her father, Michael Riehl (" father" ), has visitation rights. After a confrontation between the two men while father was picking up the child for a visit, father sought an injunction against stepfather pursuant to the provisions of the California Domestic Violence Prevention Act, Family Code [1] section 6200 et seq. (" DVPA" ).

Stepfather maintained that the superior court had no jurisdiction to issue the requested injunction, since he and father did not have one of the relationships specified by the DVPA. The court agreed that the two men alone did not share a specified relationship, but found that stepfather's inclusion of the child in the petition as a person to be protected provided the necessary nexus to confer jurisdiction on the court. We disagree, and so reverse the order.

FACTUAL AND PROCEDURAL HISTORY

Initially, an action was filed to determine the paternity of the minor child. Father was the petitioner in that case, and mother the respondent. Stepfather, who was married to mother, was involuntarily joined in the paternity case as a " Claimant."

On August 8, 2012, father filed a " Request for Domestic Violence Restraining Order." In it he requested a " stay away" order, pursuant to which stepfather would be ordered to stay away from father, his home, job, vehicle and " the children's school or child care." It also included a request that ...


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