J.M. v. W.T.

Filed 3/25/20 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

J.M., B296295

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. v. 19STRO00129)

W.T.,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Laura Hymowitz, Commissioner. Reversed. J.M., self-represented litigant, for Plaintiff and Appellant. No appearance by Defendant and Respondent. ______________________________

I. INTRODUCTION

Plaintiff J.M. appeals from an order denying his petition for a domestic violence protective order pursuant to Family Code1 section 6200 et seq., the Domestic Violence Prevention Act

1 Further statutory references are to the Family Code.

(DVPA). Plaintiff contends that the trial court abused its discretion in denying his request for a continuance of the hearing and in denying the protective order. We reverse.

II. BACKGROUND

On January 8, 2019, plaintiff filed a request for a domestic violence protective order against defendant W.T. Plaintiff alleged that he and defendant had been in a dating relationship that included incidents of abuse. Specifically, plaintiff alleged that on December 23, 2017, defendant threw a book at plaintiff and yelled at him. On January 13, 2018, defendant called plaintiff a “‘fucking cunt’” repeatedly over the phone. On January 20, 2018, defendant hit plaintiff with a closed fist multiple times, leaving him with bruises on the leg and chest. That same day, during sex, defendant bit plaintiff on the right side of his torso, breaking the skin. On February 2, 2018, defendant sent text messages to plaintiff threatening to hurt a dog that defendant had recently adopted. Defendant was angry and jealous that the dog had chosen to lay on the couch with plaintiff instead of with defendant. On February 20, 2018, defendant drove recklessly with plaintiff in the car. Defendant also yelled at plaintiff and punched the steering wheel. On March 17, 2018, defendant demanded to be allowed into plaintiff’s condominium. After being allowed in, defendant screamed at plaintiff, blocked plaintiff’s movements, and flailed his arms. Defendant noticed plaintiff had installed security cameras and he demanded that plaintiff turn them off.