Shivers

I. INTRODUCTION

Defendant Francis Shivers appeals the judgment following his conviction of violating a restraining order and electronically distributing a harassing message (Pen. Code, §§ 273.6, subd. (a), 653.2, subd. (a), respectively). Regarding the restraining order charge, defendant contends the court misinstructed the jury, erroneously failed to instruct sua sponte on self-defense, and erred in answering the jury‟s question. Concerning the harassing message charge, defendant contends there was insufficient evidence presented at trial, and the court failed to properly instruct the jury on the elements of the offense. As discussed below, we affirm.

II. FACTS PRESENTED AT TRIAL

Laura Pauley Perrette and defendant were divorced in 2004, and Perrette obtained a restraining order against defendant in 2006. The order prohibited defendant from, inter alia, harassing, threatening, following, stalking, molesting, or disturbing the peace of Perrette, and from coming within 100 yards of her.

On March 20, 2012, Perrette and her fiancé, Thomas Arklie, went to a restaurant on Franklin Avenue in Hollywood. Perrette and Arklie were seated at a table at the end of a row of tables along a…