Tuesday, November 19, 2019
Court of Appeal:
By a MetNews Staff Writer
Div. Three of the Fourth District Court of Appeal yesterday reversed a civil harassment restraining order which barred a man from coming within 100 yards of the protected persons, their house and their vehicle, declaring that this was unreasonable given that his residence is about 125 feet from their home.
The order, pursuant to Code of Civil Procedure §527.6, is in favor of plaintiff Clauis and Reva Hendon and against Bradley John Busch, who lives with his parents. Initially, the order, issued by Orange Superior Court Judge John S. Adams, listed the parents’ home in San Clemente as Busch’s address, but was amended to indicate that his residence is “unknown.”
Justice Raymond Ikola said in yesterday’s opinion, which was not certified for publication:
“On appeal, defendant contends the court erred by making this modification because there was substantial evidence he lived with his parents who were coconservators for his medical care. He also argues the restraining order improperly bars him from his home. We agree with plaintiff’s contentions. Substantial evidence did not support the court’s finding that defendant’s address was unknown, and section 527.6 does not authorize the court to evict defendant from his home. Accordingly, we reverse the judgment.”
Ikola went on to say:
“On the other hand, it is undisputed that defendant’s conduct amounted to harassment. Accordingly, we remand for the court to craft a narrower restraining order.”
The case is Hendon v. Busch, G056575.
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