Zaki v. Zaki CA5

Filed 10/29/15 Zaki v. Zaki CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

DOREEN ZAKI, F069339 Plaintiff and Respondent, (Super. Ct. No. 10CEFL03130) v.

SAMUEL ZAKI, OPINION Defendant and Appellant.

APPEAL from an order of the Superior Court of Fresno County. Ronda Duncan, Commissioner. Samuel Zaki, in pro. per., for Defendant and Appellant. Linda J. Zachritz for Plaintiff and Respondent. -ooOoo- In July 2010, the trial court issued a protective order under the Domestic Violence Prevention Act (DVPA) (Fam. Code, § 6200 et seq.) restraining appellant, Samuel Zaki,

from having any contact with respondent, Doreen Zaki, for three years. Before this restraining order expired, respondent requested that it be renewed under Family Code section 6345, subdivision (a). Following a contested hearing, the trial court renewed the restraining order for five years. Appellant challenges the restraining order’s renewal. According to appellant, the 2010 order was improperly issued, the trial court erred in excluding certain evidence, appellant was denied due process, the trial court’s findings are not supported by substantial evidence, and the trial court abused its discretion. Appellant has not met his burden of demonstrating error. Therefore, the order will be affirmed. BACKGROUND On July 23, 2010, the trial court issued a restraining order under the DVPA against appellant effective for three years. The court based the order on respondent’s evidence of repeated angry confrontations by appellant and at least one direct threat against her life. Appellant appealed arguing the trial court engaged in judicial misconduct, erred in excluding a psychological evaluation of respondent prepared by Grant Hutchison, Ph.D., and abused its discretion in issuing the restraining order. Finding that appellant’s claims lacked merit, we affirmed the order. (Zaki v. Zaki (Jun. 19, 2012, F060945) [nonpub. opn.].) Respondent filed a request to renew the restraining order on July 15, 2013. In support of her request, respondent declared that she continued to fear appellant and that he had violated the restraining order several times. Respondent alleged that appellant called her house telephone in June 2013, sent a letter to her in March 2013, and indirectly contacted her by telephone through third parties on multiple occasions in 2012. At the hearing on the renewal request, respondent presented evidence that appellant contacted her directly by letter twice, by telephone once, and in person at the