Lesly Carolina Jimenez v. Samir Antonio Jimenez Olivo
Case No: 19FL00400
Hearing Date: Tue May 14, 2019 10:30

Nature of Proceedings: Req. for Order: DVRO

Petitioner’s [“mother”] Req. for Order/DVRO filed in pro per February 26, 2019

Ruling: For the reasons set out below:

1. Mother is GRANTED a DVRO for her and her children for three years with the exception of allowing father electronic, telephonic or written contact, as ordered in the CPO [attached as Exhibit “A” to her Status Report].

2. Mother is GRANTED sole legal and physical custody of the children, Anthony Jimenez (dob: 12/23/2005), Adam Jimenez (dob: 04/19/2011), and Alyssa Jimenez (dob: 07/25/15).

3. Father shall have no visitation pending further order of Court.

4. Mother to prepare the appropriate order and submit it forthwith.

Background:

The case was on calendar on 3/19/19 and mother appeared; the Court ordered that the hearing was based upon a “no-notice” request for an extension of previously obtained TDVROs mother had obtained via an EPO on 2/21/19. The Court has already granted mother’s request on 2/28/19 based upon mother’s declaration and the events of 2/8/19 and 2/21/19 and the existing EPO which has now been extended. The parents need to set a mediation date with the Family Court Services before the Court should set a hearing on the custody and visitation orders requested and currently temporarily ordered. The mediation is April 30, 2019, at 8:30. Both parents must attend along with the 13 year old and the 7 year old. A further hearing on this case will be held on May 14, 2019, at 10:30 am; all present orders in the EPO remain in full force and effect.

On 5/10 mother filed a status report; she reported that:

1. Mother filed a request for domestic Violence restraining order (DVRO) on February 26, 2019. The Court granted temporary restraining orders on February 28, 2019.

2. At the last hearing of March 19, 2019, the matter was continued to May 14, 2019 in order to allow the parties to attend mediation on April 30, 2019, through Family Court Services. Temporary restraining orders were continued until the next hearing.

3. After mother filed for her DVRO, the District Attorney filed two separate cases against father, Santa Barbara Superior Court Case No. 19CR02634 and 19CR02720. Case No. 19CR02634 was dismissed. Father was convicted in Case No. 19CRO2720 for Felony Stalking with Prior (PC 646.9(c)(2) and admitted PC 667.5(b), an Enhancement with Prior Prison: Other Than 667.5(a).

4. On April 24, 2019, father was sentenced on Case No. 19CR02720, and was given four years in State Prison. Mother was also granted a Criminal Protection Order (“CPO”).

5. Mother requests the following orders:

a. DVRO be granted for her and her children for three years with the exception of allowing father electronic, telephonic or written contact, as ordered in the CPO [attached as Exhibit “A” to her Status Report].

b. Mother be granted sole legal and physical custody of the children, Anthony Jimenez (dob: 12/23/2005), Adam Jimenez (dob: 04/19/2011), and Alyssa Jimenez (dob: 07/25/15).

c. Father have no visitation.

The Court’s Conclusions.

Mother’s requests make imminent sense and should all be granted.