B.S. v. C.V. CA3

Filed 3/11/26 B.S. v. C.V. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Butte) ----

B.S., C103517

Plaintiff and Respondent, (Super. Ct. No. 24FL01392)

v.

C.V.,

Defendant and Appellant.

Respondent B.S. sought a domestic violence restraining order against appellant C.V., her former spouse. The trial court granted B.S.’s petition, ordering C.V., among other things, not to harass, intimidate, or contact B.S. or her current partner. C.V. appeals on the judgment roll. He argues insufficient evidence supports the domestic violence restraining order and claims the trial court erroneously excluded rebuttal evidence at the restraining order hearing. Because the record on appeal omits a reporter’s transcript, we are bound to presume sufficient evidence supports the trial court’s order. As nothing on the face of the record shows the court erred, we affirm the domestic violence restraining order.

1

FACTS AND HISTORY OF THE PROCEEDINGS On June 28, 2024, B.S. claimed C.V., her former spouse, followed her in his work truck from near his place of employment. According to B.S., C.V. sped up, abruptly merged in front of the car she was driving, “break [sic] check[ed]” her, and sped off after yelling and flipping her off. At the time, B.S. was dating her new partner, Christopher K., and was driving his car. C.V. was dating Christopher K.’s ex-wife with whom Christopher K. shared two children. In August 2024, B.S. filed a request for a domestic violence restraining order against C.V. The petition was based on this driving incident, and requested protection for herself, her partner Christopher K., and his two children. B.S. requested, among other things, an order not to abuse, a no-contact order, and a stay-away order. In October 2024, defendant filed a response to the restraining order request. He agreed to the requested order not to abuse B.S. and her partner Christopher K. but did not agree the order should include his girlfriend’s children or any of the other requests, including stay-away and no-contact orders. C.V. explained that he did not recall brake checking B.S. or flipping her off, that he lived and worked in the area where the incident allegedly occurred, and that he was unfamiliar with Christopher K.’s car, which B.S. was driving at the time. He also noted that two days before B.S. filed the petition, she left him a voicemail asking if he needed anything. In December 2024, the trial court held a hearing on the restraining order request; both B.S. and C.V. appeared at the hearing. Following the hearing, the court issued a five-year restraining order against C.V. in favor of B.S. and Christopher K. but did not include the children. The court ordered C.V. not to abuse B.S. and Christopher K., including not harassing, attacking, stalking or disturbing their peace. The court also ordered C.V. not to contact them directly or indirectly and to stay at least 100 yards away