Melissa G. v. Raymond M.

238 Cal. Rptr. 3d 127, 27 Cal. App. 5th 360
California Court of Appeal, 5th District·Decided September 20, 2018·No. B284031·Published·Cited by 23 cases

Opinion

MOOR, J.

*129*362Appellant Raymond M. (father) appeals from two domestic violence restraining orders granted under the Domestic Violence Prevention Act (DVPA) ( Fam. Code, § 6200 et seq. )1 Following a single evidentiary hearing on separate requests filed by father and respondent Melissa G. (mother), the court granted both requests. Father contends reversal is required *363because section 6305 requires a court to make detailed factual findings before issuing mutual restraining orders, and the court did not make the requisite factual findings. Father further contends there is insufficient evidence to support a factual finding that he was the primary aggressor and not acting in self-defense, and he seeks an unqualified reversal of the order restraining him from contacting mother, rather than a reversal that remands the case for factual findings. Mother did not file a respondent's brief.2

We agree with father that the court erred by not making the factual findings required under section 6305. We disagree, however, with father's insufficient evidence argument, and so we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Summary of relevant facts

In the filings before the trial court, it was undisputed that mother had primary physical custody of C.G. (the son), who was born in 2010. Father previously obtained a three-year restraining order against mother in 2010, which he did not seek to renew when it expired in 2013. On January 18, 2017, the court ordered weekly Saturday visits for father. The visits served as a flashpoint for flaring tensions between mother and father. Because each party offered statements supporting different versions of events, we review key dates and summarize the main points raised in statements presented to the trial court.

1. January 21, 2017

According to father, when mother brought the son for the first visit following the court's January 18, 2017 order, the son's pants and shirt were sewn together in such a way that he could not use the bathroom. When father separated the clothing, a tape recorder fell out, and father noticed small cuts in the son's skin around his waist in approximately the same area the clothes had been sewn together. When father returned the son to mother at the end of the visit, mother accused father of stealing the tape recorder and hit father with her fist multiple times, leaving marks on his cheek and near his eye. Father claimed mother also threw cake in his face and on his car. Father attached a photo depicting his injuries. He stated he was attaching a police report filed after the incident, but the exhibit does not appear in our record.

Mother's statements attached to her restraining order request refer to a number of documents, but the referenced documents do not appear in our *364record. Mother *130claimed she had photos proving that the son's shirt was not sewn into his pants, and that she filed a police report for theft at 7:40 p.m. on January 21, 2017. She claimed father's report was for 8:00 p.m. on the same date, but then asked rhetorically "why is [father's] report dated for the day after?" In the same paragraph, making an apparent reference to father's claim that mother attacked him, mother stated, "And he has these magical new bruises. I have video evidence of him assaulting me in front of my son, the people in the video clear as day say he was the one doing the assaulting, including an employee of the station." Father denied assaulting mother.

2. February 4, 2017 3

On February 4, 2017, mother's friend brought the son to the custody exchange and was videotaping events on her phone. According to father, mother's friend pushed her phone close to his face and called him a racial epithet. He tried to leave with the son, but saw mother and a man waiting outside, so he returned to the station, where mother's friend spit on him, and he knocked the phone out of her hand. Mother's declaration denied father's version of the events and referenced portions of a video submitted at an earlier proceeding, but it is not in our record on appeal.

3. March 4, 2017

On March 4, 2017, mother was not at the police station where the exchange was supposed to take place, so father went to mother's home, where he claims she physically assaulted him. According to father, mother was not home when he arrived with police. After the police left, he saw mother and the son with a group of people, but when he approached them, mother told the son to run to his grandmother's home. Mother then grabbed father's arm, bit him, and began to punch and scratch his face, leaving teeth marks and other visible marks that were documented by police photographs. Father filed a police report on the same day. The report indicates it was prepared on March 4, 2017 at 7:50 p.m., concerning an incident that occurred on the same day at 2:30 p.m. Father also attached a printout from a messaging program called "Talking Parents," showing a message on March 10, 2017 around 7:00 p.m. from mother to father stating "did it hurt when you bit yourself?"

Mother presented a very different version of the events of March 4, 2017. According to mother, she notified father through Talking Parents that she was *365canceling the son's visit because of concerns with father's behavior. She was at home when father and a female police officer arrived at around 1:10 p.m. She called 911 and spoke with a sergeant, who later arrived at the home and gave mother a business card. Mother attached the sergeant's business card, which stated "child custody dispute; questions regarding R/O; advised on premises." The card also gave a time and date of March 4, 2017 at 2:30 p.m. Mother noted that father was claiming she attacked him at the same time the business card shows the sergeant was present. She denied biting or attacking father, stating the bite mark appeared self-inflicted and that she "would never do something so disgusting, especially to someone who has Hepatitis, despite his attempts to slander my name." Mother claimed father "has a long history of claiming someone is hurting *131him after he has already done the assaulting on someone else."

4. Blocked calls to mother's phone

According to mother, on the evening of March 13, 2017, she received over 350 missed calls from a blocked number, including a large number of voicemails from either father or a woman using a voice changer. She claimed that by April 10, 2017, she had received over 2,000 blocked calls. Father denied contacting mother by any means other than Talking Parents, and denied instructing anyone else to call, text, or e-mail mother on his behalf.

Requests for restraining orders

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Melissa G. v. Raymond M., 238 Cal. Rptr. 3d 127, 27 Cal. App. 5th 360 (Cal. Ct. App. 2018).

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