Tatro v. Wessels CA6

Filed 4/29/13 Tatro v. Wessels CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

SUE A. TATRO, H037972 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. DV015454)

v.

SHELLY K. WESSELS,

Defendant and Appellant.

Defendant Shelley K. Wessels appeals from an order granting plaintiff Sue A. Tatro‟s application for a restraining order under the Domestic Violence Prevention Act (DVPA) (Fam. Code, §6200 et seq.). Defendant contends that the trial court erred by failing to make a finding that future acts of abuse were reasonably probable such that great or irreparable harm was likely if the order was not issued. She also contends that there was no evidence to support such a finding.1 We find no error and affirm the order.

I. Statement of Facts At the time of the hearing, plaintiff and defendant were married but had not filed for dissolution. They separated on October 21, 2011. On December 22, 2011, plaintiff filed an application for an ex parte temporary restraining order against defendant. In her

1 Plaintiff has not filed a brief.

2

application, she stated that she had been physically abused, threatened, and harassed by defendant. Plaintiff further stated that on December 12, 2011, defendant showed up at plaintiff‟s classroom, refused to leave, followed plaintiff to her car, entered the car and screamed, “Take me to the hospital! I‟m going to kill myself!” Defendant also said, “It will be a murder-suicide, because no one else is going to have you.” After plaintiff slapped defendant, defendant punched plaintiff‟s nose and forehead four or five times with her fist. Plaintiff suffered swelling and pain in her forehead and nose due to injuries inflicted by defendant. Defendant denied that the incident occurred. Plaintiff further alleged that defendant verbally abused plaintiff during their relationship, showed up at her place of employment and refused to leave, frequently threatened to assault her since September 2008 as well as threatened suicide since June 2006. Defendant also repeatedly made telephone calls and sent texts and e-mails to plaintiff, followed her around school where they both worked, chased her in a golf cart, slept outside a residence where plaintiff was staying, telephoned plaintiff‟s mother and brother, and solicited personal information from plaintiff‟s employer‟s office. The trial court issued a temporary restraining order and set the matter for hearing. Defendant filed an answer in which she denied the allegations in the petition. She also attached telephone records and a letter that she sent to plaintiff. Defendant subsequently filed an amended answer and attached telephone records. Plaintiff filed a supplemental declaration in which she alleged violations of the temporary restraining order. She stated that defendant‟s “claims that the murder/suicide threat did not happen terrify” her. Plaintiff also stated that defendant e-mailed her and called her cell phone, followed her home from school, repeatedly said she would “die for” her, parked outside her residence and refused to leave, and “tried many times to get [her] to agree to a suicide pact.” On January 20, 2012, the trial court held a hearing. Plaintiff testified that the information in her original and supplemental declarations was correct. On cross-