Quintana

On January 15, 2002, appellant Dulce Marie Quintana applied for a restraining order and temporary restraining order against her husband, Raul Guijosa, under the Domestic Violence Prevention Act. (Fam. Code, § 6200 et seq.) With her applications, appellant declared that Guijosa was violent and that she feared him. She specified that in November of 2001, he tried to force her into sex and tried to cut her face with a piece of glass “so that no one would want her.” When she attempted to get away, he cut her wrist and palm. On December 30, 2001, he damaged the prosthesis in her right eye by hitting it, and on December 31, 2001, from midnight until 2:00 in the morning, he kicked the front door of the home where she was staying and yelled obscenities. He constantly called her, and stalked her. She was afraid that he would hurt her, and as a result had stopped going to her English classes.

The trial court denied the request for a temporary restraining order, and when the matter was called for a hearing on February 7, denied the application without a hearing. The court stated its reasons with reference to a single sentence in the declaration: “our children are in Mexico.”

The…