Martindale

Martindale v. Ochoa (In re Martindale)

Caution
241 Cal. Rptr. 3d 180·30 Cal. App. 5th 54
Court of Appeal of CaliforniaDecember 7, 2018A152825California3,687 words

Opinion

Lead Opinion

Simons, J.

*55 In 2014, appellant Heather Martindale (appellant) obtained a three-year domestic violence prevention restraining order against *56 the father of her daughter, respondent Raymond Ochoa (respondent). Before the order was set to expire, appellant sought permanent renewal of the order. Following a hearing, the trial court denied the request, finding appellant had not shown " 'reasonable apprehension' of future abuse." ( Ritchie v. Konrad (2004) 115 Cal.App.4th 1275 , 1290, 10 Cal.Rptr.3d 387 ( Ritchie ).) Appellant contends the trial court abused its discretion. We affirm the denial of renewal of the restraining order.

BACKGROUND

The parties had a daughter together in 2009 and married in 2011. Appellant commenced dissolution proceedings in November 2013. Appellant was represented by counsel and respondent represented himself.

In December 2013, appellant filed a request for a domestic violence restraining order. The trial court, who was the same judge that issued the order at issue in the present appeal, held a hearing on the request in March 2014. Appellant testified to various instances of domestic abuse over the course of her relationship with respondent. He was often jealous…

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