Lee v. Pasulka CA2/6

FACTS AND PROCEDURAL HISTORY

Pasulka and Lee were previously in a relationship and had one daughter, T.P., together. In June 2021, Lee requested a domestic violence restraining order (DVRO) protecting her and T.P. from Pasulka. Lee also indicated she wanted a child custody and visitation order. At the DVRO hearing in November 2021, the parties presented evidence, including several videos and Pasulka’s testimony. The trial court denied the DVRO, finding Lee did not meet her burden of proof to support a DVRO pursuant to Family Code2 section 6320. However, the court temporarily granted sole legal and physical custody to Lee. As to Pasulka’s visitation rights, the court ordered supervised visits up to three times per week, up to an hour per visit in person or on Zoom, a video conferencing platform. T.P. was four years old at the time. The court explained that these visits would have to be supervised because Pasulka exhibited conduct over the course of the hearing that caused the court to be “concerned with the emotional well[-]being of [T.P.].” The court noted that one video reflected his “lack of emotional control and profanity in the presence of the child,” and showed that he…