Slaieh

FACTS

Joanne and Nabeel were married in 2014. They have one child together, a son who

was born in 2010. In June 2017, Joanne filed for divorce. Her dissolution petition sought

joint legal and physical custody of their son, child support, and spousal support.

Almost three years later, in March 2020, the Riverside County District Attorney’s

Office filed a felony complaint against Nabeel based on Joanne’s allegations that he had

been stalking her and making criminal threats. Based on the same allegations, Joanne

obtained a civil restraining order against Nabeel in the dissolution proceeding.

Around the same time, Joanne and Nabeel began engaging in discovery in the

dissolution proceeding, exchanging requests for information and responses. About a year

later, in March 2021, after delays caused by the COVID-19 pandemic, Nabeel served

Joanne with a notice of deposition in the dissolution proceeding. Joanne responded by

objecting to the deposition under Code of Civil Procedure section 2025.410. Citing

Marsy’s Law, she argued her status as a victim in the unresolved criminal case permitted

her to refuse to be deposed in the dissolution action. In response to Joanne’s…