Sabbah

Ramadan Sabbah challenges the court’s denial of both his new trial motion and his application under Code of Civil Procedure section 473, subdivision (b), for relief from a restraining order against him. He contends his wife, Doreen Sabbah, failed to carry her burden of proving he committed domestic violence, and the court erred by failing to give him notice under Family Code section 3044 that a domestic violence finding against him would adversely affect him in custody determinations. The latter argument requires us to interpret Family Code section 3044 to determine when and under what circumstances the statutory notice is required. Under our interpretation of the statute, we affirm the court’s judgment and its order denying his application to set aside the restraining order.

FACTS

In December 2005, Doreen obtained a domestic violence temporary restraining order against Ramadan seeking, inter alia, custody of their children, and noticed a hearing on her request for a three-year restraining order. Her subsequently filed supplemental declaration stated, inter alia: “December 7, 2005, Ramadan, . . . came into the kitchen and I was backed to the wall and he grabbed me by…