Garcia

Garcia v. Vargas CA6

Good Law
Court of Appeal of CaliforniaMay 17, 2024H051048California2,783 words

Opinion

Opinion

Danner, J.

I. FACTS AND PROCEDURAL BACKGROUND2

Vargas is a 72-year-old grandmother and great-grandmother. In late February 2023, Vargas’s granddaughter, Garcia, filed a request for domestic violence restraining order against Vargas. Garcia’s request for restraining order is not included in the record on appeal. According to the information contained in Vargas’s briefing,3 Garcia named her two minor children, then ages five and three, as protected persons.4 Garcia responded affirmatively to questions in the request for restraining order form (DV-100) and described two different ways that Vargas allegedly caused her (Garcia) emotional or physical harm. The alleged conduct included Vargas returning to the house intoxicated, waking up and scaring Garcia’s children, and going into the children’s bedrooms without supervision despite being asked many times not to do so. The request, as reflected in Vargas’s brief and the excerpted document, alleged that certain transgressions occurred “frequent[ly],” others “2-5 times,” and further that Vargas “constantly threaten[ed] to take [the children] away when she moves out of state.”

2 This summary is drawn from Vargas’s opening brief on appeal and the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.