Marriage of Mandt CA2/7

Filed 1/20/15 Marriage of Mandt CA2/7 Received for posting 3/4/15 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

In re Marriage of LAWRENCE and B252297 JENNIS MANDT. (Los Angeles County Super. Ct. No. BD561122) LAWRENCE MANDT,

Appellant,

v.

JENNIS MANDT,

Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Christine Byrd, Judge. Dismissed. Traylor Law Office and Michael S. Traylor for Appellant. Jennis Mandt, in pro. per., for Respondent.

_______________________

Appellant Lawrence Mandt1 appeals from a domestic violence restraining order issued against him pursuant to the Domestic Violence Prevention Act (Fam. Code, § 6200 et seq.). The order was entered in a marital dissolution action between Lawrence and respondent Jennis Mandt, and enjoined him from any contact with the couple’s two minor children except as provided in an accompanying child custody and visitation order. Lawrence challenges the sufficiency of the evidence supporting the restraining order on appeal. However, because the record establishes the restraining order was superseded by a final child custody and visitation order entered as part of a judgment of dissolution between the parties, Lawrence’s appeal has been rendered moot.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY Lawrence and Jennis were married in 2003 and separated in 2012. They have two minor children―a 13-year-old daughter, S.M., and a 10-year-old son, L.M. On March 20, 2012, Lawrence filed a petition for dissolution of the marriage. On August 6, 2013, during the pendency of the dissolution proceedings, the parties stipulated to an interim child custody and visitation order under which Lawrence would have custody of the children from Wednesday evening to Thursday morning and on alternate weekends, and Jennis would have custody at all other times. On August 9, 2013, Jennis filed a request for a domestic violence restraining order in which she sought to enjoin Lawrence from having any contact with her or the children. In support of her request, Jennis alleged that, on August 7, 2013, while the children were with Lawrence at his home, S.M. sent a series of text messages to Jennis and a friend in which she stated that she was scared of her father and accused him of pushing her, grabbing her wrist, calling her a name, and threatening to “smash” her. Jennis also alleged that Lawrence had a history of being verbally abusive to both her and the children, and that the children were very afraid of him.