Reina A. v. Alber S. CA2/2


Filed 11/9/21 Reina A. v. Alber S. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b ). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO REINA A., B307632 Plaintiff and Appellant, (Los Angeles County Super. Ct. v. No. 19STFL12347) ALBER S., Defendant and Respondent. APPEAL from an order of the Superior Court of Los Angeles County, Kimberly Dotson, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed and remanded with directions. Horvitz & Levy, Jeremy B. Rosen, Anna J. Goodman and Selene Houlis for Plaintiff and Appellant. No appearance for Defendant and Respondent. ______________________________ Appellant Reina A. (Reina) and respondent Alber S. (Alber) each filed a request for a domestic violence restraining order (DVRO) against the other. Following a combined hearing, the trial court issued mutual DVROs. Reina appeals from the DVRO enjoining her from specific acts of abuse against Alber. Because the trial court failed to make the necessary detailed findings of fact before issuing the mutual DVROs, as required by Family Code section 6305,1 we reverse the DVRO against Reina and remand for further proceedings.2 BACKGROUND I. Reina’s DVRO Request Reina filed her DVRO request on September 23, 2019, seeking protection from Alber. She explained that she feared for her life because Alber “exhibit[ed] violent behavior toward [her] and ha[d] made multiple threats against [her] life.” Reina alleged the following: In November 2018, Alber pushed and hit Reina’s chest while telling her, “‘Don’t ask me what I’m doing or who I’m partying with.’” Bruises appeared on Reina’s chest where Alber had hit her. In January 2019, Alber came home intoxicated. Reina told him that she did not “want a marriage like this[.]” Alber responded, “‘If you try to fuck my life, I am gonna fuck your life four times harder.’” 1 All further statutory references are to the Family Code unless otherwise indicated. 2 Alber did not file a respondent’s brief or otherwise appear in this appeal. We resolve this appeal pursuant to California Rules of Court, rule 8.220(a)(2). 2 In April 2019, Alber became angry in the middle of the night and shoved Reina off the bed. Reina fell onto the wood floor and sustained a cut and bruise on her forearm. In June 2019, Alber was upset that Reina would not buy him a new phone. He yelled, “‘You’re fucking stupid, this is all your fault. I fucking hate you. I’ll fucking kill you.” Later that month, Alber demanded that Reina give him an amount of cash that exceeded her daily withdrawal limit. Becoming increasingly angry and impatient, Alber punched a wall and stated, “‘I punched the wall so other people didn’t see me punch you.’” In September 2019, Alber arrived at …

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