R.F. v. W.F. CA2/8

Filed 2/8/23 R.F. v. W.F. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT R.F., B316013 Appellant, Los Angeles County Super. Ct. No. v. 21STFL06027 W.F., Respondent. APPEAL from an order of the Superior Court of Los Angeles County, Lynn H. Scaduto, Judge. Affirmed. Pamela Rae Tripp for Appellant. Law Office of Oscar Acevedo and Oscar Acevedo for Respondent. ____________________ A father challenges a domestic violence restraining order against him. The order protects his child and the child’s mother. We affirm. The order was no abuse of discretion. We also reject the father’s claim the trial court acted as an advocate and not an impartial arbiter. Undesignated statutory references are to the Family Code. I The mother, representing herself, sought a restraining order after a confrontation with the father in May 2021. According to the mother’s declaration, the father erupted after she gave their daughter—then three years old—a gummy vitamin. The father “was infuriated” and began screaming at the mother. He had asked her not to give these gummies to the child. He told her she was “ ‘going to have the biggest problem of [her] life’ ” if she did it again. The mother knew what this meant: the father kept a gun by his bedside (in an unlocked drawer) and had threatened to kill her with it many times. She was scared for her life and fled the house later that day with the child. The mother’s declaration addressed other incidents with the father over the past year. The father monitored her calls, messages, and pictures. Once he took her phone without permission, pushing her against a wall so hard she had trouble breathing. She tried to escape, but he continued to pin her against the wall and stomped on her foot. When she broke free, he threw the phone at her and broke it. She had trouble walking normally due to the pain in her foot. Another time, the father came home furious when his car stalled. He stormed into the house yelling, made his way to the mother (who was in the bathroom), and slammed the bathroom door into her face, which caused swelling. She described how he would grab and squeeze her forcefully and would not stop when asked. Once he screamed at her and called her an “idiot” in front of the child; then he took 2 the child outside, continued to scream and demand that the mother follow him, pushed the child away when the mother refused to come out, and slammed the front door with enough force to shatter its glass. The mother’s declaration detailed other aspects of life with her husband: …

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