S.B. v. J.B. CA4/1

Filed 10/13/23 S.B. v. J.B. CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

S.B., D081486

Respondent,

v. (Super. Ct. No. 19FL004823C)

J.B.,

Appellant.

APPEAL from an order of the Superior Court of San Diego County, Jose S. Castillo, Judge. Affirmed. J.B., in pro. per., for Appellant. S.B., in pro. per., for Respondent. J.B. appeals from a domestic violence restraining order (DVRO). J.B. argues there is no evidence to support S.B.’s allegations of abuse. He also contends evidence shows S.B.’s claims were false and retaliatory. We conclude substantial evidence supports the order and therefore affirm. FACTUAL AND PROCEDURAL BACKGROUND On July 15, 2022, S.B. filed a request for a DVRO against J.B. to protect herself, their three-year-old daughter A.B., and her three other minor

children, S.S., A.S., and K.S. S.B. stated J.B. had been abusing her for years, including when she was pregnant with A.B. He also told her multiple times that he would kill her. In her DVRO request, S.B. explained the last time J.B. physically and verbally abused her was on “the 10th.” He called her a “piece of s**t”, pushed her, and grabbed A.B. by the arm. He then pointed a gun at them and “cocked the gun and told me he will blow my brains out.” A.M. asked “ ‘your [sic] going to kill us daddy.’ ” S.B. told J.B., “ ‘so your [sic] just going to kill me in front of our daughter and with [K.S.] in the living room. If you are going to kill me do it without my kids here.” According to S.B., J.B. laughed, “put the gun up,” then proceeded to push and hit her, which caused her to fall and sustain a bruise on her leg. She went in the bathroom and J.B. walked in and started choking her, then bent her neck down to try to drown her under the bathtub faucet. He then pushed her against the wall and told her he will kill her and did not care if she called the police because he had nothing to lose. J.B. had also verbally and physically abused K.S. S.B. described the last incident that occurred when she was at work and received a call from K.S. saying J.B. grabbed her arm, would not let it go, and pulled her hair. S.B.’s mother called the police after one incident when J.B. was pushing her and S.B. S.B. explained she did not seek a DVRO in the past because she “was scared and in love and grew up not to tell.” She stated she is tired of living in fear not knowing if J.B. is going to kill her or A.B. She hoped that by finally standing up for her children and herself, J.B. would not take action and kill her as he had been saying he would. In response, J.B. asserted the allegations were false, S.B. was not afraid of him, and she never has been. Instead, S.B. has anger issues and