Marriage of Wilkens CA4/3

INTRODUCTION

Ken Wilkens appeals from a domestic violence restraining order in favor his wife, Bobbi Wilkens, and their two minor children and from an order denying his motion to set aside the domestic violence restraining order. His main arguments are that the court did not have personal jurisdiction over him when it issued the restraining order and that the court abused its discretion in refusing to grant him relief under Code of Civil 1 Procedure section 473, subdivision (b), for not showing up at the hearing on the order. We cannot review the domestic violence restraining order itself. The order was appealable when it was issued, and Ken did not appeal it in time so that appeal is dismissed. We affirm the order denying the set-aside motion. The family court has had personal jurisdiction over Ken since he had filed for divorce, and we cannot find it abused its discretion in refusing to credit Ken’s arguments about surprise and mistake.

FACTS

2 Ken filed a petition for dissolution in August 2017. Bobbi applied for a domestic violence restraining order against Ken on September 10, 2019. The court issued a temporary restraining order (TRO) the same day and set the hearing on…