Garcia
Garcia v. Vargas CA6
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…