Marriage of Pesso CA4/1

Filed 6/30/25 Marriage of Pesso CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SAMANTHA MOLLY and ROSHAWN RAMON PESSO. D084774 SAMANTHA MOLLY PESSO,

Appellant, (Super. Ct. No. 24FL006518C)

v.

ROSHAWN RAMON PESSO,

Respondent.

APPEAL from an order of the Superior Court of San Diego County, Leah Boucek, Temporary Judge. Affirmed. Samantha Molly Pesso, in pro. per., for Appellant. No appearance for Respondent.

I. INTRODUCTION

Samantha Molly Pesso appeals the trial court’s denial of her request for a domestic violence restraining order (Fam. Code, § 6200 et seq.) against

Roshawn Ramon Pesso.1 Because Samantha has not provided us with an appellate record sufficient to show error, we affirm.

II. FACTUAL AND PROCEDURAL BACKGROUND

Samantha and Roshawn married in 2017 and have three children together. In June 2024, Samantha filed for divorce. A few weeks later, on July 2, 2024, Samantha filed a request for a domestic violence restraining order against Roshawn. Samantha asserted in a supporting declaration that instances of “recent abuse” included Roshawn terminating their residential lease “behind [her] back” and “snatch[ing]” their two youngest children out of her arms during an argument. Samantha described other instances of alleged abuse that occurred in February and March 2024. Samantha did not request that the restraining order protect the children or include a removal order, stay-away order, no-contact order, or custody/visitation order. The trial court issued a temporary restraining order (TRO) and set the matter for a further hearing. The following month, the trial court held an evidentiary hearing on Samantha’s request for a restraining order. Samantha and Roshawn appeared at the hearing. The hearing was not reported by a court reporter, but some of the court’s findings and the court’s ruling are documented in the court’s minutes. The court noted Samantha “made very limited allegations” and requested narrow relief. The court also noted Roshawn “testified there has been a history of false allegations by [Samantha].” After “hear[ing] from both parties,” the court found that Samantha “did not meet her burden of proof by a preponderance of evidence [that] it is more likely than not that