Filed 8/8/19 Harris v. Coleman CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

ALTEASHA HARRIS,

Plaintiff and Respondent,

vs.

LAQUESHA COLEMAN,

Defendant and Appellant. B291767

(Los Angeles County

Super. Ct. No. 18CMRO01299)

APPEAL from an order of the Superior Court of Los Angeles County, Armando Duron, Commissioner. Affirmed.

Laquesha Coleman, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

INTRODUCTION

Appellant Laquesha Coleman appeals from the issuance of a domestic violence restraining order against her in favor of respondent Alteasha Harris, Harris’s husband, and Harris’s two children. (See Fam. Code, § 6200 et seq.) Coleman fails to provide an adequate record affirmatively showing any abuse of discretion. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Coleman, Harris’s mother, had been sleeping in front of Harris’s home for over a year. Coleman made threats to guests leaving Harris’s home and “when not given her way she gets violent.” One night, Harris called the police because Coleman harassed her as she walked to the store and followed Harris back to her apartment and “mentally abus[ed] her.” A few days later, Coleman banged on Harris’s door and began yelling when Harris did not answer. After this incident, Harris filed a request for a temporary domestic violence restraining order, which the court granted. After a hearing, the court granted a three-year domestic violence restraining order. Coleman appealed and elected to proceed without a record of the oral proceedings in the trial court.

DISCUSSION

An order issuing a domestic violence restraining order is reviewed for abuse of discretion. (In re Marriage of G. (2017) 11 Cal.App.5th 773, 780.) On appeal we presume the trial court’s judgment is correct. (Denham v. Superior Court (1970) 2 Cal.3d 557, 564.) The appellant bears the burden of demonstrating otherwise. (Spitler v. Children’s Institute International (1992) 11 Cal.App.4th 432, 442.) “As the party challenging a discretionary ruling, [appellant has] an affirmative obligation to provide an adequate record so that we [can] assess whether the court abused its discretion.” (Wagner v. Wagner (2008) 162 Cal.App.4th 249, 259 (Wagner).) Although Coleman is in propria persona, she is held to the same “restrictive procedural rules as an attorney.” (Leslie v. Board of Medical Quality Assurance (1991) 234 Cal.App.3d 117, 121.)

Coleman contends Harris provided no evidence of harassment or mental abuse in support of her request for a restraining order. But where, as here, “no reporter’s transcript has been provided and no error is apparent on the face of the existing appellate record, the judgment must be conclusively presumed correct as to all evidentiary matters. To put it another way, it is presumed that the unreported . . . testimony would demonstrate the absence of error. [Citation.]” (Estate of Fain (1999) 75 Cal.App.4th 973, 992, italics omitted.) Thus, without a reporter’s transcript of the August 2, 2018 hearing at which the court granted Harris’s request for a domestic violence restraining order, we presume the court heard testimony both that supported Harris’s claim for a restraining order and that defeated any defense Coleman may have presented. Accordingly, Coleman has failed to meet her burden on appeal to affirmatively demonstrate reversible error. (Wagner, supra, 162 Cal.App.4th at p. 259.)

DISPOSITION

The Restraining Order After Hearing (Order of Protection), filed August 2, 2018, is affirmed. In the interest of justice, costs on appeal are not awarded. (Cal. Rules of Court, rule 8.278(a)(5).)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

CURREY, J.

WE CONCUR:

WILLHITE, Acting P. J.

COLLINS, J.