What is the evidence that supports a restraining order?

California, United States of America


The following excerpt is from Escovedo v. Robitschek, F068219 (Cal. App. 2014):

Respondent submitted evidence, in the form of a written declaration with exhibits, that appellant, at the very least, engaged in conduct that was harassing, including the making of annoying telephone calls, and disturbing the peace of respondent and his family members. Appellant denied these charges, but it is evident that the trial court found respondent's evidence convincing. There was substantial evidence to support the issuance of the restraining order. (Gonzalez v. Munoz, supra, 156 Cal.App.4th at p. 420 [reviewing court has no authority to substitute its resolution of the facts for that of the trial court].)

Page 4

At oral argument, appellant complained that the trial court did not provide a court reporter or an audio machine to record the proceedings, rendering it impossible for the appellate court to evaluate the evidence below. Not so. As mentioned, respondent's evidence included a written declaration that was part of the court record. Also, when asked at oral argument whether respondent submitted evidence that appellant had continued to make phone calls, send emails and visit respondent's home when asked not to do so, appellant answered in the affirmative. Thus, there was substantial evidence of harassment in support of the restraining order. (Gonzalez v. Munoz, supra, 156 Cal.App.4th at p. 420.)

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