People v. Nicholes CA4/3

FACTS

Nicholes has been married to F.N. for about five years. In 2022, he struck her in the face during an argument. A witness called the police, and a protective order was issued against Nicholes as a result. In 2024, the couple was staying at a motel after being evicted from their residence. They got in an argument and Nicholes hit F.N. in the stomach with a pipe or a towel rod. The next day, the couple got into another argument while driving. Nicholes punched F.N. in the stomach as she was driving the car and called her “a stupid fucking bitch.” F.N. parked the car and tried to get out. A witness heard them fighting inside the car, saw Nicholes put his hands toward F.N.’s shoulders and neck, and called the police. F.N. told the responding officers that Nicholes had choked her, and she showed them bruising on her stomach from the pipe. Nicholes was charged with domestic battery and violating a protective order, among other allegations. While in jail awaiting trial, he telephoned F.N. nearly 300 times. During several of those calls, F.N. accused Nicholes of choking her, hitting her in the stomach with a metal pole, and shoving his thumbs into her throat. In another call,…