Zachary H. v. Teri A.
| Docket Number | D081250 |
| Decision Date | 06 October 2023 |
| Parties | ZACHARY H., Plaintiff and Respondent, v. TERI A., Defendant and Appellant. |
| Court | California Court of Appeals Court of Appeals |
Modified and Cert. for Partial Pub. 10/31/23 names redacted in opinion per order
APPEAL from an order of the Superior Court of San Diego County No 22FDV01972N, Sara Kirby, Commissioner.
Oscar Valencia for Defendant and Appellant.
Decker Law and James D. Decker for Plaintiff and Respondent.
This case involves a complicated relationship between a mother Teri A., and her son, Zachary H. Throughout his high school and college years, Zachary H. felt that Teri A. attempted to exercise control over his life, including his romantic relationships and income. During a tense period in their relationship, Zachary H. moved out of Teri A.'s home and informed her that he did not want to have further contact. Over Zachary H.'s repeated objections, Teri A. continued to reach out to him by mail, text message, email, and by showing up to his home unannounced. Zachary H. claimed that after he moved out, Teri A. nearly ran him over with her car as he walked along the sidewalk near his residence. Following this incident, Teri A. sent Zachary H. a series of e-mails that caused him significant emotional distress. In one e-mail she called him pathetic, and in another she discussed her newly developed interest in firearms.
Immediately after receiving Teri A.'s e-mail referencing firearms Zachary H. sought a domestic violence restraining order (DVRO). During the DVRO hearing, the trial court found Zachary H.'s testimony-describing Teri A.'s repeated unwanted contact and the incident in which she nearly ran him over-to be credible. It concluded that the evidence established Zachary H. was in reasonable apprehension of imminent serious bodily harm and issued a DVRO for a period of one year, including a related firearms prohibition.
On appeal, Teri A. claims the trial court abused its discretion by issuing the DVRO because it was not supported by substantial evidence and because the DVRO resulted from evidentiary errors by the trial court. She further contends the firearms prohibition violated her constitutional rights under the Second and Fourteenth Amendments to the United States Constitution. As we discuss, we conclude the court did not abuse its discretion when it issued the DVRO. We further determine that the firearms restriction issued in conjunction with the DVRO was constitutional. We therefore affirm the orders.
Zachary H. filed a request for a DVRO against Teri A. in April 2022. The trial court held a hearing that took place on two nonconsecutive days in August and October 2022. Both parties testified at the hearing.
During Zachary H.'s testimony, he provided the court with the background of his relationship with Teri A. He described incidents of violence throughout his childhood in which Teri A. hit him with a wooden spoon, slapped him with a wet hand and made him kneel on uncooked rice that she scattered on the floor. Zachary H. alleged that while he was in college, Teri A. took his paychecks and cashed them without his consent. He felt that Teri A.'s behavior was aimed at manipulation and control, including her attempts to influence his romantic relationships.
In October 2020, Zachary H. informed Teri A. that he intended to move out of her home at the end of the month. In response, Teri A. told him," 'No, you're not, get your shit now and get the hell out of my house.'" Zachary H. moved out of Teri A.'s home to an apartment complex nearby. Although he did not share the location of his new residence with Teri A., she sent Zachary H. a text message a few weeks later stating, "[H]ave fun at [the name of Zachary H.'s new apartment complex]." Zachary H. testified that Teri A.'s text message "created a great sense of emotional distress and mental distress, because [he] didn't feel safe." Following her text message, Zachary H. told Teri A. that he did not want to have any further contact with her.
In July 2021, Teri A. went to Zachary H.'s home unannounced. Although Zachary H. did not interact with Teri A., he observed her standing at his front door through his Ring door camera. Less than two weeks later, Teri A. again went to Zachary H.'s residence unannounced, this time on his birthday. Teri A. left a present at his doorstep and Zachary H. observed her "pacing back and forth and then ultimately going up and pounding on what actually was [Zachary H.'s] neighbor's window." Again in August, Teri A. went to Zachary H.'s home unannounced for a third time and dropped off some of Zachary H.'s childhood belongings. Zachary H. felt unsafe and emotionally distressed because Teri A. repeatedly ignored his requests to stay away and refrain from contacting him.
In October 2021, Zachary H. and his girlfriend encountered Teri A. driving her vehicle as they walked along a sidewalk. They hid in a bush to avoid her and then ran towards their apartment building. Teri A. made a U-turn and drove onto the curb, nearly running them over. As Zachary H. started to film Teri A. using his cell phone's camera,[1] he heard her giggle and say "run, [Zachary H.'s girlfriend], run, run, [Zachary H.], run, run ...." Teri A. got out of her vehicle and continued to follow Zachary H. on foot. Zachary H. testified he "was scared for [his] life at that point" because Teri A. attempted to hit him with her car.
Two days later, Zachary H. again encountered Teri A. in her vehicle as he walked along the sidewalk. She slowed her car as she drove in the center median, and attempted to communicate something to Zachary H. Zachary H. testified that Teri A. was smiling and laughing at him. He felt terrified by the experience and no longer felt safe walking outside alone.
Two months later, in December 2021, Teri A. went to Zachary H.'s home unannounced. She left an easter basket from Zachary H.'s childhood at his doorstep. Through his Ring camera, Zachary H. observed Teri A. bend down and examine mail that was left at his front door.
In response to her repeated unwanted contact, Zachary H. e-mailed Teri A. and told her, Teri A. continued to e-mail Zachary H. from January through March 2022.
On March 10, Zachary H. arrived home and noticed Teri A.'s vehicle "inching slowly next to the curb by [his] apartment." He started recording the incident and Teri A. drove away. Later that day, Teri A. sent Zachary H. an e-mail that said, "you are pathetic" in the subject line, and "truly pathetic" in the body of the e-mail. Zachary H. testified he felt distressed because "she was not respecting [his] wishes that [he] had stated multiple times at this point to refrain from contact."
On April 29, 2022, Teri A. sent Zachary H. and his sister a series of emails. The first e-mail contained images of a text message exchange between Teri A. and a third party. Teri A. and the third party discussed parenting and she expressed gratitude to the third party for his advice regarding firearms. Teri A. sent a second e-mail later that day stating,
Zachary H. was "extremely distressed" by Teri A.'s e-mail discussing firearms because she was previously "anti-firearms." He felt that Teri A.'s reference to firearms was "utilized as an intimidation factor, as a scare tactic." Within thirty minutes of receiving the e-mail, Zachary H. went to the courthouse to seek a restraining order. Zachary H. testified that his sister also sought and obtained a restraining order against Teri A. in the state of Arizona. The trial court took judicial notice of the restraining order involving Zachary H.'s sister.
In her testimony, Teri A. denied Zachary H.'s claims that she was physically violent with him during in his childhood. Rather, she claimed that Zachary H.'s father was an alcoholic and that the violent episodes testified to by Zachary H. were perpetrated by his father. Teri A. felt her relationship with Zachary H. became strained after her divorce from his father, and further deteriorated when Zachary H. began dating his girlfriend.
Teri A. told the court that when Zachary H. moved out of her residence, he rented an apartment in a complex less than a mile away. Due to his close proximity to her home, Teri A. encountered Zachary H. while driving her vehicle because he walked along the "path in and out of [her] neighborhood." She explained that she learned of Zachary H.'s new address because she received notice from the post office. She repeatedly dropped off Zachary H.'s belongings at his apartment because she found the items as she cleaned out her garage in segments.
Teri A. also testified regarding the October 2022 incident in which Zachary H. claimed she nearly ran him over with her car. She explained that she attempted to contact Zachary H. as he walked along the sidewalk to inform him that her aunt passed away. Teri A. claimed that as she attempted to tell Zachary H. about her aunt's funeral through the car window, he ran down the sidewalk "laughing and giggling and ducking behind cars." She denied attempting to run him over and claimed that it would have been impossible for her to drive onto the curb because there were cars parked along the sidewalk.
Teri A also...
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