Filed 7/27/21 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA In re the Marriage of L.R. and K.A. D077533 L.R., Appellant, (Super. Ct. No. D557861) v. K.A., Respondent. APPEAL from an order of the Superior Court of San Diego County, Marcella O. McLaughlin, Judge. Reversed. L. R., in pro. per.; Elyse B. Butler and Chalsie D. Keller for Appellant. [Retained.] Linda Cianciolo for Respondent. INTRODUCTION After a two-day evidentiary hearing, the trial court found L.R. 1 (Mother) to be obsessive, aggressive, manipulative, and controlling of K.A. (Father) during a two-hour urgent care visit with the parties’ sick minor childan incident described by the responding police officer as “boil[ing] down to being a child custody dispute.” The incident ended with Mother, who did not have physical custody, taking the child home in violation of the child custody and visitation order. Finding Mother’s conduct disturbed Father’s peace, the court issued a three-year domestic violence restraining order (DVRO) against Mother for Father’s protection and included the child as a protected party. We conclude Mother’s conduct—although demonstrating poor co-parenting—did not rise to the level of destroying Father’s mental and emotional calm to constitute abuse within the meaning of the Domestic Violence Prevention Act (DVPA) (Fam. Code, 2 § 6200 et seq.). Accordingly, we reverse. 1 Pursuant to the California Rules of Court, rule 8.90, governing privacy in opinions, we refer to the parties by first and last initials only. 2 All statutory references are to the Family Code unless otherwise indicated. 2 FACTUAL AND PROCEDURAL BACKGROUND I. Child Custody Orders Mother filed a petition for dissolution in October 2015. A status-only judgment terminating the marriage was entered in November 2018. 3 The parties have a 10-year-old daughter (the child) and have been co-parenting under child custody and visitation orders. At the time relevant to this appeal, the child was eight years old and, pursuant to a family court order made on May 10, 2019, Mother and Father shared legal custody, Father had primary physical custody, and Mother had professionally supervised parenting time three days each week at a visitation center. II. Father’s DVRO Request In June 2019, Father filed a request for a DVRO seeking protection from Mother for himself and the child. He requested orders prohibiting Mother from abuse and compelling her to stay away from him and the child. He also sought a modification to the existing child custody orders to deny Mother parenting time until the hearing on his DVRO request, or alternatively to limit her time to professionally supervised video contact with 3 For the limited purpose of establishing the dates of filing of the petition for dissolution and entry of the status-only judgment, we take judicial notice of the Register of Actions filed in a related appeal pending in this court, L.R. v. K.A. (D078331, app. pending), which arises from a child custody and visitation order issued on September 23, 2020. (Evid. Code, § 452, subd. (d); see Dwan v. Dixon (1963) 216 …
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