Marriage of M.F. and E.F. CA6
── Marriage of M.F. and E.F. CA6 ──
Court: California Court of Appeal
Date: June 08, 2026
Category: General
Filed 6/8/26 Marriage of M.F. and E.F. CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
In re the Marriage of M.F. and E.F. H053240
(Santa Clara County
Super. Ct. No. 21FL003336)
M.F.,
Respondent,
v.
E.F.,
Appellant.
Appellant E.F. challenges a domestic violence restraining order (DVRO) granted
in favor of his ex-wife, respondent M.F.1 E.F. argues that the evidence relied on by the
trial court was unreliable and insufficient. He argues further that he was not afforded due
process at the DVRO hearing because the trial court did not offer him the opportunity to
cross-examine M.F. and further develop the record. We conclude that the DVRO is
supported by substantial evidence, including a prior incident of physical violence, even
though the date of that incident was somewhat uncertain. We also conclude that E.F. has
not met his burden to show any prejudicial error in the conduct of the hearing.
Accordingly, we affirm.
1 Although the parties’ briefs use full names, we will use initials to preserve
personal privacy under rule 8.90(b) of the California Rules of Court.
I. BACKGROUND
E.F. and M.F. were married for five years before divorcing in November 2024. In
December 2024, M.F. filed a request for a DVRO against E.F., and the trial court granted
a temporary restraining order pending a hearing. In her request for the DVRO, M.F.
described the following incidents of abuse: (1) 2015 – E.F. took photos of her naked and
posted private videos of her on Facebook; (2) 2015 – E.F. came home late smelling of
alcohol and forcefully removed M.F.’s clothing and had sexual intercourse with her;
(3) June 2019 – During a drive back from Michigan, E.F. became upset during a
conversation and punched M.F. in the face; (4) August “202-” – E.F. became angry
during a conversation and strangled M.F. with two hands; (5) November 2021 – After
M.F. went through IVF treatment for three years, E.F. cancelled her embryo transfer
surgery; (6) November 2024 – E.F. came to M.F.’s house drunk late at night.
Although the hearing was originally set for early January, it was continued to
February 27, 2025. E.F. and M.F. testified, both representing themselves. M.F. used a
Spanish interpreter, but she also spoke in English for at least part of the hearing. E.F.’s
current girlfriend, J.O., testified using the Spanish interpreter, as well.
M.F. started her testimony by describing the most recent incident on November 4,
2024, when she heard a noise outside her door at 8:30 p.m. and saw E.F. “hiding into the
shadow of the house.” She asked him why he was there, and he did not really say.
(“He’s like, nothing, nothing.”) She told him he was not welcome at her house: “This is
more than five times you’re coming to my house. And I told you, you are not welcome.
This is my house. And – and see you in court ….” She also said to E.F. that she was
scared of him, and she reminded him about how he had strangled her in the past. M.F.
found out that J.O. was waiting in E.F.’s car during this encounter, which she says lasted
about “20 minutes or less.”
M.F. testified about other incidents in the more distant past, including the 2021
cancellation of her IVF treatment, and the strangulation “in August.” The court asked for
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}