Rybolt v. Riley

229 Cal. Rptr. 3d 576, 20 Cal. App. 5th 864
California Court of Appeal, 5th District·Decided January 31, 2018·No. C082857·Published·Cited by 33 cases

Opinion

Robie, Acting P. J.

*579*867Respondent Courtney E. Rybolt1 obtained a domestic violence restraining order against appellant James E. Riley IV with whom she *868shares a minor child. Rybolt later filed a request to renew the order.2 Following a contested trial in which both Rybolt and Riley testified, the court renewed the restraining order for five years. The court also modified a parenting plan to prohibit Riley from attending their son's extracurricular activities during Rybolt's parenting time, after finding that Riley used the time as a pretext to harass and manipulate Rybolt in violation of the restraining order.

On appeal, Riley contends that: (1) insufficient evidence shows Rybolt had a reasonable apprehension of future abuse, which was required before the court could renew the restraining order; (2) the court failed to properly consider that circumstances had changed since the initial restraining order was entered; (3) the court erroneously modified the parenting plan without considering the best interests of the child under Family Code 3 section 3040 ; and (4) the modified parenting plan prohibiting him from attending extracurricular activities during Rybolt's parenting time is vague and overbroad. Finding no merit to any of his contentions, we affirm.

FACTS AND PROCEEDINGS

In summarizing the factual and procedural history of this dispute, both parties have disregarded the rules governing appellate briefs by failing to support numerous factual assertions with citations to the record. ( Cal. Rules of Court, rule 8.204(a)(1)(C).) In other instances, the parties include citations that do not support the factual assertions they make. "Because '[t]here is no duty on this court to search the record for evidence' [citation], [we] may disregard any factual contention not supported by a proper citation to the record." ( Grant-Burton v. Covenant Care, Inc. (2002) 99 Cal.App.4th 1361, 1379, 122 Cal.Rptr.2d 204 ; see also City of Lincoln v. Barringer (2002) 102 Cal.App.4th 1211, 1239, 126 Cal.Rptr.2d 178 [appellate court need not consider any matter asserted without appropriate reference to the record].) On the scant record provided, we have done our best to piece together the contentious history of this case.

Rybolt and Riley share a minor son together, M.R. In May 2011, Rybolt sought a domestic violence restraining order against Riley. After trial, Judge *869Jaime Román granted the restraining order. Among other things, the restraining order mandated that Riley stay at least 25 yards, or approximately 75 feet, away from Rybolt.4

Judge Román's written statement of decision specifically found that Riley intentionally or recklessly attempted to cause bodily injury to Rybolt, sexually assaulted her, placed her in reasonable apprehension of imminent serious bodily injury, and stalked and threatened her. The court also *580found that Riley repeatedly engaged in abuse within the meaning of the Domestic Violence Prevention Act.

During a child custody hearing a year later in June 2012, Judge Kevin Culhane found that Riley still failed to comprehend the nature and gravity of his conduct.5 According to Judge Culhane, Riley involved a number of third parties, including his family members, in private parenting issues. The court found that Riley was the source of threatening e-mails Rybolt received from Riley's sister and that his family members had followed her and copied private parenting documents. "Such controlling and intrusive conduct," in the court's view, "[wa]s fundamentally inconsistent with any finding that the [ Family Code section 3044 ]6 presumption ha[d] been rebutted."

Judge Culhane further found that, "[m]ost fundamentally the evidence demonstrates an ongoing course of conduct whereby father attempts to blame multiple third parties, includ[ing] mother, mother[']s boyfriend, other parties, the co-parent counselor, the former lawyer, mediator, and others for the continuance of father[']s own activities." Riley had also "drawn the child into these disputes on a number of occasions."

In January 2014, the court adopted a Family Court Services mediation report that allowed Riley to attend school functions such as back-to-school night.7

*870Neither the mediation report nor the court's order is included in the record. It also appears, although it is not entirely clear from the record and the parties do not specify, that the court adopted another mediation report in or about February 2015 that allowed Riley to attend at least half of M.R.'s extracurricular activities. That mediation report and the court's order are not included in the record.

In February 2016, Rybolt filed a request to renew the 2011 restraining order. As previously noted, Rybolt's written request is not included in the record on appeal. Riley contested the renewal. His written response is not included in the record.

Rybolt and Riley both testified at the trial on the renewal request. Rybolt's husband, Joshua McGourty, and Riley's mother, Dawn Riley, also testified.

Rybolt testified as follows: She obtained the initial restraining order in 2011 because Riley had sexually assaulted her, stalked her, and threatened her. Riley also threatened her in and outside of coparenting counseling sessions.

Under a Family Court Services mediation report adopted by the court, Riley could attend half of M.R.'s extracurricular activities. They would either split the *581events or they would both attend so long as Riley followed the restraining order, including staying 25 yards away from her. She did not consider the mediation report a modification of the restraining order.

Free access — add to your briefcase to read the full text and ask questions with AI

Rybolt v. Riley, 229 Cal. Rptr. 3d 576, 20 Cal. App. 5th 864 (Cal. Ct. App. 2018).

229 Cal. Rptr. 3d 576 (Rybolt v. Riley) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Aud v. RRT Enterprises CA2/7
California Court of Appeal, 2026
Conservatorship of C.Q.W. CA5
California Court of Appeal, 2026
Marriage of V.S. and V.K. CA6
California Court of Appeal, 2026
Baer v. Tedder
California Court of Appeal, 2025
Marriage of Alexander and Colacito CA3
California Court of Appeal, 2025
N.Z. v. D.M. CA3
California Court of Appeal, 2025
Stow v. B-East CA4/1
California Court of Appeal, 2025
R.G. v. A.M. CA4/2
California Court of Appeal, 2024
G.G. v. G. S.
California Court of Appeal, 2024
Marriage of I.Y. and M.Y. CA4/3
California Court of Appeal, 2024
Ebbing v. Connors CA4/1
California Court of Appeal, 2024
Franklin v. Franklin CA3
California Court of Appeal, 2023
Kinfoussia v. Hamade CA2/5
California Court of Appeal, 2023
Sonya J. v. Robert M. CA1/3
California Court of Appeal, 2023
Marriage of Yim CA4/3
California Court of Appeal, 2023
Michael M. v. Robin J.
California Court of Appeal, 2023
Michael M. v. Robin J. CA4/1
California Court of Appeal, 2023
Valdez v. Valdez CA1/5
California Court of Appeal, 2023
Hadar v. Luria CA1/3
California Court of Appeal, 2023
A.W. v. S.W. CA3
California Court of Appeal, 2022