Avalos

Avalos v. Perez

Good Law
127 Cal. Rptr. 3d 106·196 Cal. App. 4th 773·2011 Cal. App. LEXIS 754
Court of Appeal of CaliforniaMay 25, 2011No. A129985California1,395 words

Opinion

Lead Opinion

Pollak, J.

*775 Opinion

Karen Avalos appeals from an order granting her unopposed request to renew a domestic restraining order against her former boyfriend, Zabdi Lopez Perez. She argues that the court erred in renewing the restraining order for only two years rather than five years, as required by Family Code section 6345, subdivision (a). Perez has made no appearance in this court. We agree with Avalos’s contention and therefore shall remand with instructions to modify the order.

Factual and Procedural History

On June 20, 2008, after receiving evidence of Perez’s repeated physical, sexual and mental abuse of Avalos and his threats to physically harm her as well as her family and friends, the court issued a two-year restraining order prohibiting Perez from assaulting, harassing or contacting, either directly or indirectly, Avalos.

On June 18, 2010, Avalos filed a request to renew the restraining order for a period of five years. According to Avalos, she had no contact with Perez after issuance of the original order until sometime in May 2010 when one of Perez’s friends came to the restaurant where she worked and told her that Perez was sending her “greetings.” She explained that she…

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