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Court of Appeal:
Tracking Ex-Husband’s Location Justified DVRO
By a MetNews Staff Writer
A woman who tracked her ex-husband’s whereabouts was properly subjected to an anti-harassment order, Div. One of the Fourth District Court of Appeal said Friday.
In testimony, the ex-husband, software engineer Jeffrey F. Johnson, related that defendant Lisa Brandolo Johnson had advised their daughter that “Your dad is drinking wine in Mexico” at a time when he was, in fact, doing so.
She also texted him:
“Have fun drinking wine with your girlfriend in Mexico.”
Keeping Tabs
The former husband complained:
“She knows exactly that I’m drinking wine. She sent it to my daughter. She sent it to me as a threat. She kept threatening me over that weekend, which is basically what she does any time she knows I’m away for a weekend with my girlfriend. And was literally tracking my location the whole time and threatening me and threatening my daughter.”
Lisa Johnson also ascertained her ex-husband’s whereabouts in Arizona and contacted him at the hotel he was staying at.
In imposing a domestic violence restraining order (“DVRO”), San Diego Superior Court Judge Jose Castillo observed that, in addition to other actions, the defendant “has disturbed the peace by essentially tracking his whereabouts and contacting him where he has kept his destination private.”
Aaron’s Opinion
In affirming the DVRO, Justice Cynthia Aaron wrote, in an unpublished opinion:
“The court determined that Lisa’s conduct, in discovering Jeffrey’s location and ensuring that she made him aware of the fact that she knew his location, was having the effect of disturbing Jeffrey’s peace to such a degree that the issuance of a DVRO was warranted. Jeffrey’s testimony at the hearing provides sufficient evidence to support the trial court’s finding that Lisa’s conduct, on the whole, destroyed Jeffrey’s sense of mental and emotional calm.”
The case is Johnson v. Johnson, D079048.
Lisa Johnson had been a physical therapist. An administrative action was taken against her by the Physical Therapy Board of California based on her conviction for driving under the influence and failing to report it to the board, and on Aug. 15, 2018, there was a stipulated surrender of her license.
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