Rodriguez v. Menjivar

Rodriguez v. Menjivar

Opinion

 [**817] ZELON, J.—Beverly Ann Rodriguez appeals from the denial of the domestic violence restraining order she sought against Randy Menjivar. Although the trial court found substantial evidence of physical violence, it concluded Rodriguez had not met her burden of proof. Because the trial court erred as a matter of law in that conclusion, we reverse and remand.

FACTUAL AND PROCEDURAL SUMMARY

Rodriguez and Menjivar began dating in June 2013; they stopped dating in February 2014. According to Rodriguez, Menjivar inflicted, and attempted to inflict, physical injury on her during that period. Rodriguez testified that during their relationship, [***2]  Menjivar exhibited controlling behavior, calling multiple times in a day, accusing Rodriguez of cheating, and taking actions to isolate Rodriguez from contact with others. In November 2013, Rodriguez sought psychological help related to the resulting stress and anxiety. Rodriguez broke off the relationship in December.

In January 2014, Rodriguez determined she was pregnant, and she resumed the relationship. Menjivar enrolled in three of her four college classes, and, during the one in which he was not enrolled, caused Rodriguez to keep a telephone call open during the class, so that he could monitor whether she was socializing with others; he also kept a line open with her when she was at home, monitoring her activities. Rodriguez's mother, who testified that she had witnessed Menjivar inflict physical injury on her daughter, discovered [*819]  this open line at 3:00 a.m. on one occasion; Rodriguez told her mother she did this because she was afraid that Menjivar would hit her if she did not comply.

In January, Menjivar told Rodriguez he had sliced open the neck of her teddy bear because that was what he wanted to do to her. In that same month, Rodriguez was diagnosed with subchorionic hemorrhage [***3]  and a cyst, and advised to limit strenuous activity and stress. Despite being aware of this diagnosis, Menjivar practiced martial arts in close proximity to Rodriguez, despite her requests to stop, played with a knife close to her face, and threatened to beat her with a studded belt. During the  [**818]  pregnancy, he pulled her hair, kicked and slapped her, leaving marks; he punched her with a closed fist, causing bruising; he also pushed her head into a seat belt holder while driving.

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