Marriage of Zayas-Alvarez and Alvarez-Cabanillas CA4/1

Filed 12/23/25 Marriage of Zayas-Alvarez and Alvarez-Cabanillas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 DULCE MARIA ZAYAS-ALVAREZ AND MIGUEL ALVAREZ-CABANILLAS. D086065 DULCE MARIA ZAYAS-ALVAREZ,

Respondent, (Super. Ct. No. 22FL002438S)

v.

MIGUEL ALVAREZ-CABANILLAS,

Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Sherry Thompson-Taylor, Judge. Affirmed. Miguel Agustin Alvarez-Cabanillas, in pro. per., for Appellant. No appearance for Respondent.

In this marriage dissolution proceeding, Miguel Agustin Alvarez- Cabanillas, a self-represented litigant, appeals from an order denying his request to terminate a restraining order.

As we will explain, Alvarez-Cabanillas has not provided an adequate appellate record for us to review the trial court’s order and evaluate his appellate arguments. Accordingly, we affirm the order. I. FACTUAL AND PROCEDURAL BACKGROUND This marriage dissolution proceeding was instituted on March 4, 2022, when Dulce Maria Zayas-Alvarez filed a petition for dissolution against Alvarez-Cabanillas. As reflected in the Register of Actions, the trial court issued a restraining order against Alvarez-Cabanillas on September 5, 2023. That restraining order is not included in the appellate record. From other statements in the appellate record, it appears the restraining order was set to remain in force until September 5, 2027. On March 3, 2025, the trial court denied Alvarez-Cabanillas’s request to terminate the restraining order. Alvarez-Cabanillas’s request for an order terminating the restraining order is not included in the appellate record. The trial court issued its order denying Alvarez-Cabanillas’s request following a hearing held on March 3, 2025. The minute order from the March 3, 2025 hearing states that the court has denied the request to terminate the restraining order. It also notes “that on 09/05/2023, the Court found [Zayas- Alvarez] had met the burden of proof by a preponderance of evidence, demonstrating recent acts of domestic violence.” The March 3, 2025 hearing was not reported, and Alvarez-Cabanillas has not obtained a settled statement regarding that hearing. (See Cal. Rules of Court, rule 8.137.) Alvarez-Cabanillas filed a notice of appeal on March 28, 2025, from the order denying the request to terminate the restraining order. (See Code Civ. Proc. § 904.1, subd. (a)(6) [allowing an appeal from “an order . . . refusing