California, United States of America
The following excerpt is from People v. Hopkins, C084796 (Cal. App. 2018):
Defendant contends the trial court erred in issuing a no contact order in favor of J. H. and stay away orders in favor of J. H. and M. H. Relying on People v. Delarosarauda (2014) 227 Cal.App.4th 205, defendant argues there was no evidence J. H. was a victim under the meaning of sections 273.5, subdivision (j) (section 273.5(j)) or 136.2, subdivision (i)(1) (section 136.2(i)(1)). Defendant further argues neither section 273.5(j) nor section 136.2(i)(1) authorizes stay away orders.
When interpreting a statute, we view the statutory enactment as a whole; consider the plain, common sense meaning of the language used in the statute; and seek to effectuate the legislative intent evinced by the statute. (People v. Fandinola (2013) 221 Cal.App.4th 1415, 1421.)
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