Fischer

Fischer v. Fischer

Good Law
22 Cal. App. 5th 612·231 Cal. Rptr. 3d 621
Court of Appeal of CaliforniaMarch 23, 2018A148482California6,750 words

Opinion

lead Opinion

Richman, J.

*614 A 15-year marriage between appellant David Fischer and respondent Joannie Fischer had its "ups and downs," one down of which was David's affair-an affair he promised was "over." David nevertheless petitioned for dissolution; Joannie resisted; and the parties attempted reconciliation, in connection with which the trial court would later conclude David gave "conflicting messages." Meanwhile, Joannie heard David's phone, and saw a picture of the mistress. David walked in and confronted Joannie, who slapped him, scratching his neck, and in a subsequent confrontation grappling for the phone, shoved him. David moved for a domestic violence protective order. Following a lengthy hearing in which the court heard from seven witnesses, the court denied the request, in a thoughtful and comprehensive statement of decision. We affirm.

BACKGROUND

The General Setting

David and Joannie were married in 1999. 1 They had two boys, now 16 and 12, and lived on Walsh Road in Atherton (the Walsh Road house).

Throughout their marriage, David and Joannie had what Joannie's brief describes as their "ups and downs." And as the trial court would later find, neither of them always behaved in the most…

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