In re Marriage of Liem
Steven Liem appeals from the imposition of a restraining order against him pursuant to Family Code section 6203.[1] He contends the court erred in concluding that his act of grabbing [his] spouses buttocks, over her clothing, in an unwanted manner constituted a sexual assault within the meaning of subdivision (b) of the statute. According to Steven,[2] the term sexual assault must be interpreted in a manner consistent with criminal assaults, and Penal Code section 240 requires a greater degree of violence than occurred in this case. We disagree, and find no error in the courts interpretation of the statute.
In any event, as respondent Michele Liem points out, the court did not base its conclusion that Steven was guilty of abuse solely on the determination he had committed a sexual assault. The court also expressly found he had committed other violent acts, including the destruction of household furniture, and cited a distinct provision of section 6203 in support of its conclusion. Because Steven failed to challenge the courts alternative justification, Court must affirm the order on that basis in any case. And Court do.
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