Marr. of Fregoso & Hernandez
Annotate this CaseAppellant Luis Fregoso appealed the superior court's grant of a domestic violence restraining order sought by his spouse, Adriana Hernandez. He contended 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, explaining that the consensual sex was part of their pattern of violence followed by attempted reconciliation. Because substantial evidence supported the court's finding of abuse under the Domestic Violence Protection Act (DVPA) the Court of Appeals affirmed the superior court’s order.
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