Marriage of Mary and Randall A. CA2/5


Filed 9/22/22 Marriage of Mary and Randall A. CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE In re Marriage of MARY and B314768 RANDALL A. (Los Angeles County Super. Ct. No. 21CHFL00548) MARY M. A., Respondent, v. RANDALL M. A., Appellant. APPEAL from orders of the Superior Court of Los Angeles County, Michael J. Convey, Judge. Affirmed. Randall M. A., in pro. per.; and Jonathan Lee Borsuk, for Appellant. [Retained.] Law Offices of Kathryn Irene Phillips and Kathryn Irene Phillips, for Respondent. ____________________________ Appellant Randall M. A. (Randall) appeals two orders entered on the same day. The first grants a domestic violence restraining order (DVRO) in favor of respondent Mary M. A. (Mary) against Randall. The second denies Randall’s request for a DVRO against Mary. Randall argues the superior court abused its discretion by excluding video evidence and by asking Mary questions during the hearing. He further argues the court committed prejudicial error by failing to issue a statement of decision. Finally, Randall contends the statutory scheme for DVROs is unconstitutionally vague. Finding no reversible error, we affirm. BACKGROUND This is a marital dissolution action. Randall and Mary married in 2013. They have two children, Ethan and Emma, who were six and two years old respectively at the time of the hearing on the DVRO requests. Long before the events that led to this action, Randall committed physical violence against Mary on two occasions. In 2015, Randall stepped on her ribs and shattered her cell phone into pieces. In 2017, he headbutted her. While Randall and Mary have had marital problems from the beginning, the discord in their relationship accelerated in 2019 after their family home burned down. By 2020, Randall was regularly sending belligerent and often profane text messages to Mary. In these texts, for example, he called her a “pathetic cunt” and a “fake bitch lying disgusting manipulative piece of trash.” Randall also threatened to wage a “war” on Mary that she would “never forget” and warned she would “regret” dodging her responsibilities. 2 Randall frequently called and texted Mary to ask her where she was and what she was doing. Mary believed this was an effort to control her. In response to Randall’s controlling and abusive behavior, Mary often stopped communicating with him. This further enraged Randall and was the topic of many of his hostile communications. He frequently told Mary she was “going to pay” for not responding to him. Randall also sent many texts to the couple’s friends and family complaining that Mary refused to see or talk to him. Randall is a lawyer with a personal injury and civil litigation practice. Beginning in …

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