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Tentative Ruling
Judge Thomas Anderle
Department 3 SB-Anacapa
1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107

FAMILY LAW

Maria Perez vs Moises Santamaria

Case No: 1438546
Hearing Date: Tue Dec 17, 2013 10:30

Nature of Proceedings: OSC TRO (DV)

This is a Domestic Violence Restraining Order request by Petitioner who seeks to have restraining orders issued against Moises Santamaria; there is a 3-year old son; the parties used to live together; the requests were all granted; a Court hearing that was set for 11/19/13. In her declaration mother reports that she and Moises began dating in 2008; that throughout their relationship he has been violent; that they have a 3-year-old son together; reports about an incident on 10/21/13 when he grabbed her by the neck and jumped on top of her; that he got a knife and waived it around; that she walked away with his mother who told her if she reported the incident, she would show the police pictures of scratches that Moises had gotten from her during past incidents; she reports that in the past she sometimes tried to push him away when he charged at her and he must have gotten scratched; she decide to call the police anyway; they came and took pictures and made a report; she is also requesting that her pets be protected because she is fearful of what he might to do to them; in summary, she claims he is a very violent and angry person. Moises Santamaria filed a response on 11/12/13; he asks for, among other things, 50% custody and/or as much visitation as possible to see his son; he denied all of Maria Perez’s allegations and claims he is the one who “was the victim.” The matter was called by Commissioner Motter on 11/19/13; the Court ordered mediation and continued the matter to 12/17/13 in this Department for resolution. Unfortunately, after the parties went to the mediation that was held on 12/10, they did not reach an agreement. This is important and defining litigation because, among other things, it involves a long term relationship involving a 3-year-old son, Benjamin M. Santamaria, born 2/12/10. The file reflects that Maria Perez will be represented by Katherine Lee; Moises Santamaria will apparently be self-represented. Rulings: 1. The Court finds that Maria Perez has carried her burden of proof in this matter and Moises Santamaria has failed to produce satisfactory evidence to the contrary. 2. The Court will grant the Domestic Violence Restraining Order requested by Maria Perez; but Moises Santamaria is granted reasonable visitation rights, all as set out below. 3. Maria Perez shall have sole legal and physical custody of the minor child, 3-year-old son, Benjamin M. Santamaria, born 2/12/10; she will, at all times, provide father with the child’s address. 4. Maria Perez’s request that Moises Santamaria is not to harass, attack, strike, threaten assault hit, follow, stalk, molest destroy personal property, disturb the peace, keep under surveillance, or block her movements is GRANTED. 5.Maria Perez’s request that Moises Santamaria is not to contact her, either directly or indirectly, in any way, including but not limited to, by telephone, mail or e-mail or other electronic means is GRANTED; provided Moises Santamaria will be permitted to contact her in peaceful manner related to child visitation and child custody issues. 6. Maria Perez’s request for a stay-away order is GRANTED; Moises Santamaria is to stay 100 yards away from her, her home, her vehicle, the child’s school and mother’s work place 7. Maria Perez’s (“mother”) may record unlawful communications. 8. Moises Santamaria (“father”) shall have visitation with the minor child every other weekend from Saturday at 9 am to Sunday at 6 pm. 9. Father shall pick up the child to start visitation; mother shall pickup the child at the end of visitation. The party picking up the child shall provide the transportation; there need to be no meeting or discussion; the party relinquishing custody will simply have the child ready at the curbside in front of his or her residence for the exchange; timing on the exchanges will be prompt. 10. The child will be driven only by a licensed and insured driver; the vehicle must have legal child restraint devices. 11. Father will not travel with the child outside the County of Santa Barbara, State of California, without prior written permission of mother or a Court Order; the Country of habitual residence is the United States. 12. Mother must notify father 60 days in advance prior to any planned change in residence of the child; the notification must be sent by certified mail, return receipt requested. 13. The child must not be left alone without age-appropriate supervision; mother must let father know the name, address, and phone number of the child’s regular child-care providers. 14. There is no right of first option of child care provided. 15. If father fails to arrive at the appointed time and fails to notify mother that he will be late, then mother need wait for only 15 minutes before considering the exchange canceled. If father is unable to exercise visitation on a given occasion, he must notify mother at the earliest possible opportunity; mother must give father as much notice as possible if the child is ill and unable to participate in scheduled visitation. 16. The child may have telephone access to the parents and the parents may have telephone access to the child at reasonable times for reasonable durations. 17. Neither parent will make or allow others to make negative comments about the other parent or the other parent’s past or present relationships, family, or friends within hearing distance of the child. 18. The parents will not use the child as a messenger. 19. The child will not be exposed to cigarette smoke while in the home or car of either parent. 20. Mother will not schedule extracurricular activities or any other activities for the child during father’s scheduled visitation without father’s prior agreement. 21. Father will maintain clothing for the child so that the child does not have to make the exchanges with additional clothing; the child will be returned to mother with the clothing and other belongings the child had when the child arrived. 22. Neither parent will change the last name of the child or have a different name used on the child’s medical, school or other records without the written consent of the other parent. 23. The terms and conditions of this order may be added to or changed as the needs of the child and parents change. Such changes will be in writing, dated and signed by both parents; each parent will retain a copy. If the parents want a change to be a Court order, it must be filed with the Court in the form of a Court document.