Marriage of Farshi
Defendant and appellant Esmaeil Farshi (Father) appeals a 2011 domestic violence restraining order (DVRO) that prevents him from contacting his former wife, plaintiff and respondent Sepideh Mojtahedzadeh (Mother) and their two children, for a stated period (until 2066). (Fam. Code, § 6200 et seq., the Domestic Violence Prevention Act (DVPA); all statutory references are to this code unless noted.) Father contends the order was issued contrary to his own evidence, or alternatively, it is void because its duration exceeds the five years expressly permitted by the statutory scheme. He also appears to challenge the family court's exercise of discretion in denying his own cross-petition for such an order.
In response, Mother argues that the family court acted well within its discretion and in compliance with the evidence when it issued the restraining order, except she concedes the reporter's transcript of the hearing indicated that the duration of the order should be five years from date of issuance, while the written order is to the contrary. She proposes that the written order be modified on appeal, to comply with the statutory scheme. (§ 6345; Code Civ. Proc., § 43.)
Comments on Marriage of Farshi