Lionel v. Lionel CA2/2

Filed 8/1/13 Lionel v. Lionel CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

MARION HELEN DeMELLO LIONEL, B239451

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PQ012729) v.

EVAN LIONEL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County. Steff R. Padilla, Juvenile Court Referee. Affirmed.

Evan Lionel, in pro. per., for Defendant and Appellant.

Leigh Datzker for Plaintiff and Respondent.

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Pursuant to the Domestic Violence Prevention Act (DVPA) (Fam. Code, § 6200 et seq.),1 the trial court granted plaintiff and respondent Marion Helen DeMello Lionel’s (Marion) application for a domestic violence restraining order against defendant and appellant Evan Lionel. Appellant contends that the evidence was insufficient to support the issuance of the order. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND At all relevant times, appellant and Marion were husband and wife. In 2011, they had three children between the ages of three and ten. During the preceding 14 years, appellant threatened to kill Marion several times and dragged her around on at least one occasion. She stayed with him for the children’s sake. On the morning of November 30, 2011, appellant slammed Marion’s head into the stone floor in the garage. After the incident, Marion drove her son to school and then went to an urgent care facility for treatment. The examination revealed bruises on her leg, neck spasms and contusions on her head, and she was diagnosed as having a concussion. She was advised to get a CAT scan, and that test revealed bruising but no internal bleeding. Following the advice of hospital staff, Marion went straight to the police upon release; they issued an emergency protective order and arrested appellant. Ultimately, no criminal charges against appellant resulted from the incident. Marion applied for a domestic violence restraining order against appellant. A hearing on the matter commenced on February 8, 2012. Marion and appellant testified, and appellant called several individuals who testified about his parenting ability and relationship with the children. Appellant denied that the incident had occurred. On February 10, 2012, the trial court found that the evidence satisfied the statutory requirements for the issuance of a domestic violence restraining order and issued a five- year restraining order requiring appellant to stay at least 100 yards away from Marion and the children at places they frequent. The order further prevented appellant from harassing