GERALD v. EILEEN

Filed 4/24/06

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

In re the Marriage of Gerald and

Eileen Cauley.

GERALD W. CAULEY, H028589

Respondent, (Santa Clara County

Superior Court

v. No.1-02 FL110381)

EILEEN J. CAULEY,

Appellant.

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Under Family Code section 4325, there is a rebuttable presumption that an award of spousal support not be made to a spouse who has been convicted of intraspousal domestic violence[1]. Appellant Eileen J. Cauley has been convicted of domestic violence against respondent Gerald W. Cauley. The parties' settlement agreement provided that spousal support was not subject to modification or termination. The trial court found that the presumption of section 4325 applied here and had not been rebutted. It then granted respondent's motion to terminate spousal support to appellant. We find no merit to appellant's contentions and affirm.

I. Statement of Facts

On November 25, 2002, respondent filed a petition for dissolution of marriage. The parties had been married for 18 years. In March 2003, respondent requested a temporary restraining order. His declaration stated that appellant had threatened his life in numerous telephone messages and calls and had physically attacked him several times during the prior year. The court issued the temporary restraining order, which was due to expire in July 2003.

On June 25, 2003, the parties signed a stipulation for judgment. It provided in relevant part: â€