G.M. v. J.T. CA4/1

Filed 3/11/25 G.M. v. J.T. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

G.M., D082963

Appellant,

v. (Super. Ct. No. 20FL007299C)

J.T.,

Respondent.

APPEAL from an order of the Superior Court of San Diego County, Victor N. Pippins, Judge. Reversed. G.M., in pro. per., for Appellant. No appearance for Respondent. I. INTRODUCTION G.M. appeals from the trial court’s denial of his request for a restraining order against J.T. under the Domestic Violence Prevention Act

(Fam. Code,1 § 6200 et seq.; DVPA). We agree with G.M. that the trial court erred by finding J.T.’s alleged abuse of their son could not, as a matter of law,

1 All undesignated section references are to the Family Code.

support a domestic violence restraining order. We therefore reverse and remand for further proceedings. II. BACKGROUND G.M. and J.T. share a child, A.M. On September 14, 2023, G.M. filed a request for a domestic violence restraining order against J.T. G.M. alleged that J.T. threatened G.M.; J.T. asked her former boyfriend, Daniel Madan, to kill G.M.; and J.T. physically abused A.M. G.M. requested that A.M. be protected under the restraining order and that the court grant him sole

custody of A.M. with no visitation by J.T.2 On October 4, 2023, the trial court conducted a hearing on whether to

grant G.M.’s request for a permanent restraining order against J.T.3 Madan testified that he witnessed J.T. abuse A.M. and routinely smoke marijuana in A.M.’s presence. Madan also testified that J.T. asked him to kill G.M. When questioned by the trial court, J.T. denied abusing A.M. but admitted smoking marijuana in the car with him once or twice. G.M. testified as well, asserting longstanding abuse of A.M. G.M. submitted text messages between G.M. and J.T., photographs depicting A.M.’s injuries, and a summary of G.M.’s visit