In re Marriage of BA&PA (Anonymized)
In this dissolution of marriage case, respondent PA obtained a postjudgment order restraining appellant BA from harassing, following or stalking her; keeping her under surveillance; blocking her movements; or hiring or instructing others to do so. BA appeals, contending observation of an alcohol-abusing parent in public places is permissible because it is relevant to custody and visitation; the order improperly prohibited BA from learning whether PA was drinking excessively or driving while under the influence of alcohol; PA's right to privacy does not include the right to be unobserved while drinking in public places; the order did not comply with Code of Civil Procedure section 527.6;[1]and PA's subsequent arrest for driving while under the influence of alcohol and guilty plea to driving with a blood alcohol level of .14 percent provides a further reason for reversal.
Based on the stipulation of the parties under section 128, subdivision (a)(8), the order is reversed and the case is remanded to the trial court with directions to vacate the order. The remittitur shall issue immediately. The parties are to bear their own costs.
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