Mary B. v. Andrew B. CA4/1

Filed 7/31/25 Mary B. v. Andrew B. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

MARY B., D084594

Respondent,

v. (Super. Ct. No. 18FL006172C)

ANDREW B.,

Appellant.

APPEAL from an order of the Superior Court of San Diego County, Alana W. Robinson, Judge. Affirmed. Andrew B. in pro. per. for Appellant. No appearance for Respondent.

Andrew B. and Mary B. are in the midst of divorce and child custody proceedings. Representing himself, Andrew appeals from a domestic violence restraining order prohibiting him from abusing Mary and significantly limiting his contact with her. Andrew contends there is insufficient evidence of domestic violence. On the limited record before us—which does not include any reporter’s transcript—we must affirm the trial court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

Andrew and Mary legally separated in 2018. In May 2024, while divorce and custody proceedings were ongoing, Mary requested a domestic violence restraining order seeking protection from Andrew on behalf of herself and their two children. In her request, signed under penalty of perjury, Mary generally asserted that Andrew was verbally and emotionally abusive, particularly when drinking. He repeatedly became intoxicated at her residence when the children were home and refused to leave. He argued with her, used profanity, raised his voice, insulted her parenting, and “point[ed] his butt at [her] and slapp[ed] it” multiple times. She provided some specific examples of the abuse. Most recently, Andrew and their 15-year-old daughter got into an argument when he refused to leave the house. The altercation turned physical when the daughter began punching and kicking him. He held her away from him by her shoulders. On another occasion, Andrew and their daughter got into a physical fight that caused the daughter to fall and injure her knee. In April 2024, Andrew took their 12-year-old son to a hobby store. Before and after the store, however, they stopped for Andrew to drink beer. The son called Mary to pick him up from a brewery. When she arrived along with their daughter, she agreed to give Andrew a ride. He began arguing with her and “putting [her] down” until he got out of the car. Mary stated that on many occasions Andrew drank alcohol around their son, despite a court order not to drink before or while spending time with the children. In July 2020, Andrew became drunk in Mary’s backyard. When she told him to leave, he refused and verbally abused her. She called the police,