Marriage of Foladpour and Hashemi CA4/3

Filed 2/10/14 Marriage of Foladpour and Hashemi CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

In re Marriage of FOROUD FOLADPOUR and MOHAMMAD HASHEMI.

FOROUD FOLADPOUR, G048102 Appellant, (Super. Ct. No. 10D009881) v. OPINION MOHAMMAD HASHEMI,

Respondent.

Appeal from an order of the Superior Court of Orange County, Theodore R. Howard, Judge. Affirmed. Larry Herrera for Appellant. No appearance for Respondent.

Foroud Foladpour appeals from an order after the trial court issued a domestic violence restraining order in favor of her husband, Mohammad Hashemi, who she had been separated from for over two years. Foladpour argues insufficient evidence supports the restraining order.1 We disagree and affirm the order. FACTS Hashemi and Foladpour were married in December 2007, and Foladpour initiated separation proceedings in October 2010. A stipulated judgment of legal separation was entered in March 2011.2 Hashemi first moved to a different apartment in the same complex in Irvine and then to another apartment about one-half mile away in April 2011. In February 2012, Hashemi filed a petition for divorce. A series of incidents that we describe in greater detail below led Hashemi to seek a temporary restraining order against Foladpour on January 18, 2013. The request for a temporary restraining order was supported by Hashemi’s declaration and four exhibits. The trial court granted the order and set a hearing date of February 11, 2013. Foladpour was served with the temporary restraining order on January 29, 2012. At the February 11, 2013, hearing, Hashemi testified concerning the following incidents. His testimony concerning the incidents were nearly identical to his statements in his declaration. 1. On December 15, 2012, about midnight, Hashemi went to the parking lot to move a female friend’s car. As he walked back, he saw Foladpour driving her car in the parking lot. When she saw him, she stopped her car, they exchanged glances, and she drove away.