Cueto

Cueto v. Dozier CA1/2

Good Law
193 Cal. Rptr. 3d 663·2015 Cal. App. LEXIS 924·241 Cal. App. 4th 550
Court of Appeal of CaliforniaSeptember 25, 2015A143084California4,438 words

Opinion

Opinion

Miller, J.

INTRODUCTION

In 2012, appellant Annette S. Cueto obtained a two-year domestic violence prevention restraining order against the father of her son, respondent Michael Anthony Dozier. Shortly before the order was set to expire, Cueto sought a permanent renewal of that order. Following a hearing, the trial court denied Cueto’s request, finding that she had not established an objectively reasonable fear of future abuse by Dozier. We disagree, and reverse and remand for the trial court to determine whether the restraining order should be renewed for five years or permanently.

FACTUAL AND PROCEDURAL BACKGROUND

A. The .Initial Restraining Order

On April 27, 2012, Cueto filed an ex parte request for a domestic violence restraining order, seeking to bar Dozier, the father of her son and former cohabitant of 11 years, from contacting, abusing, or coming within 100 yards of her, the couple’s son, or Cueto’s mother as well as their homes, vehicles, schools, and workplaces.

In support of her request, Cueto alleged that two days earlier, Dozier had assaulted her in public after their eight-year-old son’s baseball game. In her supporting declaration, Cueto stated that after the…

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