Leon v. Leon CA2/4


Filed 12/14/20 Leon v. Leon CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR JOHN OHANIS LEON, B297337 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. 18CHR002133) v. MAIDA LEON, Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County, Jonathan L. Rosenblum, Judge. Affirmed. Agavni Tulekyan for Appellant. Noelle M. Halaby for Plaintiff and Respondent. Maida Leon appeals from the entry of a domestic violence restraining order (DVRO) against her. She contends the trial court committed several errors and ultimately abused its discretion in granting the DVRO requested by her husband, respondent John Leon.1 We affirm. FACTUAL AND PROCEDURAL HISTORY I. DVRO Petition John filed a request for a DVRO on December 21, 2018. He sought protection from Maida for himself and their three-year-old son, S.L. At the time, Maida and John were married and living together. John also sought a custody order granting him legal and physical custody of S.L. In an attached declaration, John stated that Maida had a “violent temper which has grown over the years,” with “escalating aggression.” He claimed that Maida had engaged in verbal abuse and “physically attacked” him, and he was terrified of her actions and concerned for his and S.L.’s safety. John declared that Maida told S.L. he was “stupid,” yelled and screamed at S.L., and hit his hands. He noted that S.L. had been diagnosed as autistic and had associated behavioral issues. According to John, on November 30, 2018, Maida was on the telephone with her mother. From another room, John heard Maida scream angrily at S.L., who began to cry. When John went to see what was happening, Maida began yelling at John, calling him “stupid.” John picked up S.L. While he was holding the child, Maida “hit and pinched me hard enough that she left a mark on my arm.” She also continued to scream at him. John 1We refer to the parties by their first names to avoid confusion. 2 called the police the next day, December 1, 2018, and the Department of Children and Family Services (DCFS) began an investigation. John further stated that while a DCFS social worker was interviewing him on December 7, 2018, Maida’s brother, Sivak Kotoian, arrived at their home and “started screaming at me saying he was going to ‘take care of me.’” John called the police. John also stated that he had become increasingly concerned for his and S.L.’s safety over the last several months, that Maida had threatened that she would “have [her] brother take care of [me]” and asked him once whether he thought she was going to poison his food. John stated that ...

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