Escovedo v. Robitschek
On April 7, 2011, respondent Cody Escovedo obtained a restraining order against appellant Laura Robitschek. By its terms, the order was to remain in effect until midnight on October 7, 2011. On October 17, 2012, respondent filed another request for a restraining order. In the request, respondent averred under oath that Appellant “has use[d] weapon and gun threats in the past.†Respondent attached letters dated October 21, 2011, and May 23, 2012, to his request for a restraining order. The letters contain appellant’s typewritten name at the bottom, but no signature.[1] Respondent also attached a letter he wrote to appellant. In the letter, respondent alleges that appellant made charges to credit cards in respondent’s name without permission.
Appellant filed a response, contending that respondent’s claims lacked specificity. Appellant also claimed that respondent’s allegations of prior abuse “do not meet the requirements of assault.â€
The court held a hearing on the restraining order request. Both appellant and respondent were sworn and offered testimony. At one point, the court asked respondent what type of mail he received from appellant. One of the pieces of mail respondent identified were holiday cards addressed to respondent’s son.
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