A.M. v. J.B. CA2/6

Filed 8/19/24 A.M. v. J.B. CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

A.M., 2d Crim. No. B334306 (Super. Ct. No. D403096) Plaintiff and Respondent, (Ventura County)

v.

J.B.,

Defendant and Appellant.

J.B. (Father) appeals orders from the family law court concerning domestic violence protection to A.M. (Mother) and their two minor children; child custody; and visitation. We affirm. FACTUAL AND PROCEDURAL HISTORY Mother and Father have two minor children together. On January 5, 2022, Mother and Father agreed to share legal and physical custody of the two children. By agreement on March 24, 2023, they stipulated to modified custody regarding the days of Father’s custody. These agreements were entered as orders of the Ventura County family law court.

In June 2023, Mother and Father began to live together in Van Nuys, California. The following month, Mother sought a domestic violence restraining order against Father in Los Angeles County family law court. She alleged that Father committed abuse and sexual assault against her. Mother also stated that Father possessed two firearms. She requested that Father be ordered to stay away from her and the children. Mother also requested child custody modification that would award her sole legal and physical custody and allow Father supervised visitation. In July 2023, Father sought a domestic violence protective order against Mother in the Ventura County family law court. Father alleged that Mother threatened violence against him and that she abused alcohol, among other allegations. The Los Angeles County family law court later transferred the proceedings initiated by Mother to the Ventura County family law court and the matters were consolidated. On November 9, 2023, the family law court issued a domestic violence protection order and an order for child custody. The court adopted the recommendations of the child custody recommending counselor and ordered that Mother have sole legal custody and that the parties share physical custody as they agree. The court also awarded Father four hours of supervised visitation each week. Father appeals and contends that: 1) Mother’s declaration supporting her petitions contain inadmissible evidence; 2) the child custody recommending counselor prejudged the matter; 3) the two minor children are wrongfully included as protected persons in the domestic violence restraining order; and 4) the