Rybolt

Rybolt v. Riley

Bad Law
20 Cal. App. 5th 864·229 Cal. Rptr. 3d 576
Court of Appeal of CaliforniaJanuary 31, 2018C082857California5,480 words

Opinion

lead Opinion

Robie, J.

*579 *867 Respondent Courtney E. Rybolt 1 obtained a domestic violence restraining order against appellant James E. Riley IV with whom she *868 shares a minor child. Rybolt later filed a request to renew the order. 2 Following a contested trial in which both Rybolt and Riley testified, the court renewed the restraining order for five years. The court also modified a parenting plan to prohibit Riley from attending their son's extracurricular activities during Rybolt's parenting time, after finding that Riley used the time as a pretext to harass and manipulate Rybolt in violation of the restraining order.

On appeal, Riley contends that: (1) insufficient evidence shows Rybolt had a reasonable apprehension of future abuse, which was required before the court could renew the restraining order; (2) the court failed to properly consider that circumstances had changed since the initial restraining order was entered; (3) the court erroneously modified the parenting plan without considering the best interests of the child under Family Code 3 section 3040 ; and (4) the modified parenting plan prohibiting him from attending extracurricular activities during Rybolt's parenting time is vague…

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