Stephen Joseph Irwin v. Germano Irwin

1 SUPERIOR COURT OF CALIFORNIA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 4

5) 6 STEPHEN JOSEPH IRWIN,) Case Number: FDI-26-802716) 7 Petitioner) Hearing Date: September 8, 2026) 8 VS.) Hearing Time: 9:00 AM) 9 GERMANO IRWIN,) Department: 404) 10 Respondent) Presiding: AI MORI) 11) 12 ORDER TO SHOW CAUSE AND AFFIDAVIT FOR CONTEMPT FILED BY PETITIONER 07.07.26 13 TENTATIVE RULING 14

15 The parties are ordered to appear in person or via Zoom video at 9:00 AM on 9/8/2026 in 16 Department 404. If a party chooses to appear by Zoom, that party must abide by the Notice and 17 Instructions for Remote Appearance in San Francisco Family Court set forth above. 18

19 A. Procedural History 20 1) On 3/2/2026, in related Case No. FDV-26-818997, Petitioner Stephen Irwin filed a Request for 21 Domestic Violence Restraining Order (DVRO) against Respondent Germano Irwin. 22 2) On 3/3/2026, Petitioner was granted a Temporary Restraining Order (TRO) against Respondent 23 which includes an order for “[Respondent] to stop searching personal property of [Petitioner].” 24 3) According to the Proof of Service filed 3/10/2026, the TRO and other pleadings were personally 25 served on Respondent on 3/9/2026. 26 4) On 3/16/2026, Respondent filed a Request for DVRO against Petitioner. 27 5) On 3/17/2026, Respondent was granted a Temporary Restraining Order against Petitioner. 28 6) On 7/7/2026, Petitioner filed an Order to Show Cause and Affidavit for Contempt alleging that 29 Respondent violated the Temporary Restraining Order. Petitioner states that on 4/6/2026

1 Respondent sent him a text message stating that Respondent “went to the apartment to check on 2 the birds” and noticed that “some of my letters were open and in the trash.” Petitioner states he 3 did not give Respondent permission to enter his residence or inspect his personal property. On 4 4/21/2026, Petitioner discovered Respondent had removed personal property, including 5 Petitioner’s photo memory scrapbook and immigration-related file. Petitioner states he emailed 6 Respondent’s attorney requesting that the items be returned, but Respondent has not returned the 7 items.

Petitioner asks the Court to find Respondent in contempt and order Respondent to 8 immediately return Petitioner’s “original photo memory scrapbook and original immigration- 9 related file, including affidavits, sponsor-related records, invoices, supporting documentation, 10 financial records, personal identifying information, photographs, travel records, and other related 11 personal records.” Petitioner further requests that Respondent be “ordered not to copy, destroy, 12 alter, withhold, or use these materials except as permitted by the Court, and that any return occur 13 through counsel, law enforcement, or other neutral method ordered by the Court.” 14 7) On 7/21/2026, Judge Gold denied both parties’ requests for a DVRO, and Case No.

FDV-26- 15 818997 was consolidated into Case No. FDI-26-802716. 16 8) On 9/1/2026, Respondent filed a Response to Order to Show Cause and Affidavit for Contempt. 17 Respondent asks the Court to dismiss the OSC re: contempt because the underlying DVRO 18 proceeding was dismissed on 7/21/2026. Additionally, Respondent denies there is an appropriate 19 basis to find him in contempt and he reserves “all defenses to the allegations contained in the 20 Order to Show Cause and Affidavit for Contempt.”

Respondent does not address Petitioner’s 21 allegations that he entered Petitioner’s residence without his consent or that Respondent is in 22 possession of items belonging to Petitioner. 23 B. Findings and Order 24 1) The parties are ordered to appear. 25

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