Case Conclusion Date: May 1, 2008
Practice Area: Domestic Violence
Outcome: Restraining order for 60 days (P sought 5 years)
Description: Client was accused of rape/sexual violence and harassment/stalking by girlfriend who sought a 5 year restraining order per FC6200 et seq. Client denied raping petitioner, and denied stalking. Petitioner and client had consentual sex following a ski trip. After client gave consentual oral sex to Petitioner, they had intercourse. At some point during intercourse, petitioner alleged she requested that client stop. Client said that she only requested to move because she was uncomfortable. Client asserted that the resumption was mutually consented. Petitioner alleged that she had made numerous requests to stop. Petitioner further alleged that client "obsessed" and "stalked" her with excessive calls and text messages. Client and Petitioner are both very religious and belong to the same church. Restraining order effectively barred client from attending the church, as there is only one service per week. At trial, petitioner further alleged that she had explicitly declined consent to sex prior to intercourse. Petitioner sought a 5 year DV restraining order. Client asserted that (1) the sex was consented. (2) Petitioner stated during sex that she was uncomfortable, and requeted to stop. (3) He complied, and the repositioned, and mutually resumed. He alleged that his contacts with her over the next two days were based on concern for her, and that when he was asked to stop contacting her, he did, other than e-mailing her a single apology letter. Court ruled that client was sincere and non-harassing in his efforts to contact Petitioner, and that he was not harassing or stalking her. Court believed she genuinely wanted to stop the intercourse, but that client in good faith failed to understand her wishes. Court granted a restraining order for only 60 days, and after 4 weeks, client may resume attendance at church, provided that the Pastor invites him to return.