AT Di WASOGIOS TATE OF 2018 JUL 23 fkli 10: 16 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON GAM THI HONG NGO, ) ) No. 76767-4- I Respondent, ) ) DIVISION ONE v. ) ) ) UNPUBLISHED OPINION THOAI GIA PHAN, ) ) Appellant. ) FILED: July 23, 2018 ) LEACH, J. — Thoai Gia Phan appeals an order on revision granting Gam Thi Hong Ngo's petition for a domestic violence protection order (DVPO) against him. He claims that on revision the superior court used the wrong standard of review and denied him due process. We disagree and affirm. FACTS Phan and Ngo married in Vietnam in 2015. They have no children. In 2016, Phan brought Ngo to Seattle to live with him and his father. In September 2016, Phan consulted a divorce lawyer while Ngo was temporarily back in Vietnam. According to Phan, his father warned Ngo that she needed to return to the United States because a divorce might affect her immigration status. No. 76767-4/2 In October 2016, shortly after Ngo returned from Vietnam, Seattle police responded to a 911 call from Ngo. She was "crying hysterically" and said the following through an interpreter, She stated that PHAN has pushed her down towards the ground and has made threats to take away her Green Card, so that she would be forced to go back to Vietnam when she returned back to the US. NGO stated that she never called 911 to report those incidents, because of her limited English. NGO stated that today, she and PHAN got into a verbal argument and that PHAN yelled and screamed at her telling her that when he comes back home after work, if she is still here (at the house) he would kill her. She stated that she feared for her safety and believes that he could car[ry] out his threats to kill her. Phan's father told police he heard Phan screaming and threatening to kill Ngo. Phan told police that the couple had not been getting along but said that "nothing physical occurred" and "they were only arguing." Police arrested Phan and charged him with domestic violence harassment. On November 29, 2016, Ngo filed an amended petition in superior court for a DVPO against Phan. Under penalty of perjury, Ngo described Phan's October 2016 threats to kill her: [My husband] brought me to the U.S. in July 2016. Since that time, my husband has called me names and insulted me many times. He would get drunk and come home at 2 or 3 a.m. and call me a prostitute, or worse than a prostitute. He would say go back to Vietnam. The worst incident was about a month after I arrived. We were in the car, he insulted me and said, "you're not my wife." He stopped the car and said Get Out. I got out, but he got out and followed me on foot. He was yelling at me, cursing with the "F" word. He got ...
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