Br. C. v. Be. C.
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The case involves a dispute between a married couple, identified as Br. C. and Be. C., who have three-year-old twins. The dispute centers around a domestic violence restraining order (DVRO) that Br. C. obtained against Be. C. The DVRO was granted after several incidents of verbal and physical abuse, including Be. C. yelling at Br. C., throwing objects, and using derogatory language. The court also admitted into evidence three audio recordings of Be. C.'s abusive behavior, which Br. C. had made prior to filing for the DVRO.
The Superior Court of Placer County granted the DVRO, which protects Br. C., their two children, and their two dogs from Be. C. for a three-year period. Be. C. appealed the decision, arguing that the trial court erred by admitting the three recordings into evidence and that substantial evidence does not support the DVRO.
The Court of Appeal of the State of California Third Appellate District reviewed the case. Be. C. challenged the admissibility of the three audio recordings, arguing that he did not know he was being recorded at the time. The court found that the recordings were admissible under section 633.6, subdivision (b) of the Penal Code, which allows a victim of domestic violence to record a confidential communication if they reasonably believe it may contain evidence relevant to a restraining order. The court also found that substantial evidence of domestic violence supported the trial court's ruling. Therefore, the court affirmed the decision of the Superior Court of Placer County, upholding the DVRO against Be. C.
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