Montgomery v. D'Ottavio CA3

BACKGROUND

Mark has elected to proceed on a clerk’s transcript. (Cal. Rules of Court, rule 8.122.) As a result, the appellate record does not include a reporter’s transcript of the hearing that gave rise to the restraining order challenged in this appeal. This is referred to as a “judgment roll” appeal. (Allen v. Toten (1985) 172 Cal.App.3d 1079, 1082-1083 (Allen); Krueger v. Bank of America (1983) 145 Cal.App.3d 204, 207.)3 In December 2012 Sandra filed a petition requesting a domestic violence restraining order. According to the request, the most recent abuse had occurred on December 13, 2012, when Mark (who lives in Colorado) sent e-mails consisting of “[l]ife threats, mental battering, verbal ass[a]ults on me & my daughter [and] st[al]king” over the Internet. According to Sandra, the “2nd most recent abuse” occurred two days later, when her son and husband read the e-mail “threats, harming me, retribution, for what I do not know. [Mark] is delusional and because I am bipolar and have a panic/disorder he uses this against me.” Attached to the petition were (1) three e-mails sent by Mark to Sandra in February 2009, March 2011, and on December 12, 2012, respectively, each of…