Marr. of Fregoso & Hernandez

Luis M. Ovalle Fregoso appeals from the superior court’s grant of a domestic violence restraining order sought by his spouse, Adriana Hernandez. He contends the court abused its discretion because after the court issued a temporary restraining order (TRO), Hernandez invited him to a birthday party and had consensual sex with him. However, Hernandez testified that in one recent incident, Fregoso grabbed her forcefully enough to bruise her arm, and then held her face into a mattress so she could not breathe. Hernandez testified she was afraid of Fregoso, stating, “He’s hit the child, he’s hit me, he has taken my money, he has threatened me.” She explained the consensual sex was part of their pattern of violence followed by attempted reconciliation. Because substantial evidence supports the court’s finding of abuse under the Domestic Violence Prevention Act (DVPA) (Fam. Code, § 6200 et seq.), we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND

The parties were married for five years and have one child born in 2012. On October 16, 2015, Fregoso filed a petition for dissolution of their marriage. He also sought an order seeking legal and physical custody of the parties’…