Marriage of Baird and De La Cruz CA3

Good Law
Court of Appeal of CaliforniaJuly 22, 2022C093140California1,423 words

Opinion

Opinion

FACTS AND HISTORY OF THE PROCEEDINGS

On January 23, 2020, Husband filed a request for a DVRO against Wife and obtained a temporary restraining order (TRO) against her. In narrative portions of his pleading requesting a DVRO (and signed under penalty of perjury) Husband claimed that—a few days earlier—Wife was “angry, out of control, and in a rage” when she: (a) “threatened to leave with [the] children,” (b) demanded Husband “[g]ive her money or else [he] w[ould] be very sorry,” and (c) “[t]hrew objects at [him],” including a “heavy toy” and “a heavier electronic book,” which “cut” and “bruised” Husband’s knee. In addition to bruising to his leg, Husband said he experienced “fear . . . anxiety . . . shock . . . [and] sleep loss.” In a responsive pleading, Wife explained that Husband “caused a discussion by refusing to give [her] money for the week’s expenses . . . as he had promised.” This “was the first time” the couple “had a discussion like that and it last[ed] less than [five] minutes.” Furthermore, and due to three recent surgeries she had, Wife claimed she was unable to “perform[ ] any situation of violence.” Wife did not deny that she threw objects at Husband but…

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