Legal Opinion

Marr. of Fregoso & Hernandez

California Court of Appeal

Decided October 21, 2016No. D069614PublishedCited by 13 opinions

1Opinion of the Court

Opinion

NARES, J.

Luis M. Ovalle Fregoso appeals from the superior court’s grant of a domestic violence restraining order sought by his spouse, Adriana Hernandez. He contends the court abused its discretion because after the court issued a temporary restraining order (TRO), Hernandez invited him to a birthday party and had consensual sex with him. However, Hernandez testified that in one recent incident, Fregoso grabbed her forcefully enough to bruise her arm, and then held her face into a mattress so she could not breathe. Hernandez testified she was afraid of Fregoso, stating, “He’s hit the…

2Cases cited3 opinions

  1. In Re Marriage of MixCalifornia Supreme Court · 1975
  2. Fariba v. Dealer Services Corp.California Court of Appeal · 2009
  3. Los Angeles County Department of Children & Family Services v. J.E.California Court of Appeal · 2016

3Cited by13 opinions

  1. Lugo v. Corona, California Court of Appeal, 5th District2019
  2. Ankola v. Ankola (In re Ankola), California Court of Appeal, 5th District2019
  3. Blackburn v. Alarcon CA2/1California Court of Appeal · 2020
  4. Fischer v. Fischer, California Court of Appeal, 5th District2018
  5. Kang v. City of Huntington Beach CA4/3California Court of Appeal · 2020

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