People v. Super. Ct. CA1/1

BACKGROUND

In November 2013, the Contra Costa County District Attorney (DA) filed a felony complaint charging defendant with domestic violence battery, residential burglary, assault by force likely to produce great bodily injury, child abuse, violation of a restraining order, stalking, and petty theft. A preliminary hearing was held on January 24 and 27, 2014. At the preliminary hearing, the victim, Gladis Galdamez, testified through an interpreter that defendant is her husband; they met in El Salvador and she has been with him 11 years. They have two children, Jeremy and Isela. In August 2012, Galdamez obtained a criminal protective order against defendant as well as a civil restraining order issued by family court; both are no-contact, stay-away orders. Galdamez further testified that on November 20, 2013, she and her children returned home from the park and her daughter left the door to the house partially open. Defendant then entered the house without Galdamez’s permission and tried to hug her. Galdamez told defendant not to touch her. Defendant hit her in the stomach and grabbed her arm. The children saw defendant hit Galdamez. Jeremy said, “Don’t do that to mommy” and…