Jenifer F. v. John G. CA2/7

Filed 8/16/22 Jenifer F. v. John G. CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8 . 1115.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

JENIFER F., B307929

Appellant, (Los Angeles County Super. Ct. No. v. 17VEPT00165)

JOHN G.,

Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Marilyn Mordetzky, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed. The Appellate Law Firm, Berangere Allen-Blaine and Aaron Myers for Appellant. Law Offices of Rosenthal & Associates and Lisa F. Rosenthal for Respondent. _____________________________

Jenifer F. appeals a three-year restraining order issued pursuant to the Domestic Violence Prevention Act (Fam. Code, 1 § 6200 et seq.) that requires her, among other personal conduct restrictions, to stay at least 100 yards away from John G., the father of her now-eight-year-old son, J.G. Jenifer contends her single act of violence was insufficient to support issuance of the restraining order and the family court erred in failing to consider a material change in circumstance before entering the order. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Jenifer filed a paternity action naming John as respondent on September 27, 2017. John agreed to pay child support, and the parties entered a stipulation providing for temporary custody arrangements and a visitation schedule. According to John’s request for an emergency, ex parte domestic violence restraining order, filed March 9, 2020, on March 1, 2020 Jenifer shoved John while holding their son during a custody exchange. Jenifer also threatened John that he was “going to get it.” John called the police and arrested Jenifer for battery by effecting a citizen’s arrest. The city attorney’s office declined to file criminal charges in exchange for Jenifer’s agreement to take 26 anger management classes. The family court granted the emergency restraining order protecting John, as well as his current girlfriend and his daughter from a previous relationship, from Jenifer. J.G. was not named as a protected party. Jenifer filed a response on March 30, 2020 in which she asked the court to dismiss John’s request for a permanent order