Marriage of G.V. and V.V. CA4/1

Filed 3/11/25 Marriage of G.V. and V.V. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re the Marriage of G.V. and V.V. D085388 G.V.,

Appellant, (Super. Ct. No. FLRI2300691)

v.

V.V.,

Respondent.

APPEAL from an order of the Superior Court of Riverside County, Matthew Forsse, Commissioner. Affirmed. Johnson & Shinton and Thomas E. Shinton, for Appellant. Bartell, Hensel & Gressley and Donald J. Hensel, for Respondent. G.V. (Wife) appeals from an order denying her request for a domestic violence restraining order (DVRO) against her ex-husband, respondent V.V.

(Husband), under the Domestic Violence Prevention Act (DVPA, Fam. Code,1 § 6200 et seq.). She contends substantial evidence supported the issuance of a DVRO and its denial was an abuse of discretion. We affirm the order

1 Undesignated statutory references are to the Family Code.

because Wife failed to establish the trial court abused its discretion in denying her request for a DVRO. FACTUAL AND PROCEDURAL OVERVIEW Wife and Husband married in 2014 and separated in 2020. Wife, originally from Canada, came to the United States on a student visa and later obtained a work visa. Husband later became Wife’s immigration sponsor and she became a United States citizen in 2021. Wife claimed that starting in 2015, Husband used her immigration status as leverage against her. Law enforcement came to their residence three times. The first time was in 2015 when the neighbors called police due to Husband’s yelling.

Husband told the officers that he yells because he is deaf.2 Wife told the officers everything was fine. The second incident occurred in 2018 when Wife alleged that Husband chased her around the house after she threatened to call the police because he had choked her. An officer arrived and told Wife to take a photograph of her neck which displayed some redness. Wife did not ask for Husband to be arrested and he was not arrested. The third call to police occurred on January 31, 2023, with Wife alleging that Husband pushed her into a bookshelf where she hit her face and collar bone. Police arrived but Wife did not press charges. On February 1, 2023, Husband filed for dissolution and sought spousal support. Husband’s income and expense declaration reported average monthly income of about $2,024. Wife reported gross monthly income of about $13,009. Wife first alleged being a victim of domestic violence after a