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THE ROHANI LAW FIRM PORIYA ROHANI, ESQ. (State Bar # 240892) 1710 Hamilton Ave., Suite 6 San Jose, CA 95125 Telephone: (408) 914-8275 Facsimile: (408) 717-4250 Email: [email protected] Attorney for Respondent Yesenia Ortiz

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA/FAMILY DIVISION In Re: ADRIAN ORTIZ, Petitioner, ) Case No.: 111 FL 158327 ) ) ) RESPONDENT YESENIA ORTIZS MSC ) STATEMENT ) ) ) ) )

YESENIA ORTIZ, Respondent.

I. PARTIES AND REPRESENTATIONS Petitioner Adrian Ortiz is represented by The Law Office of Judy Lorenzo. Respondent

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Yesenia Ortiz is represented by The Law Office of Poriya Rohani.

II.
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FACTS
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Mr. Ortiz has perpetrated numerous acts of domestic violence against Mrs. Ortiz during
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their marriage; it is she who is the victim in this relationship. Some of his acts of violence are
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outlined in the declarations of Mrs. Ortiz and her witnesses and evidenced in documentation
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including Domestic Violence Incident Reports and Incident Cards (attached as Exhibits B and
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C to Mrs. Ortizs declaration) and Mrs. Ortizs cell phone records showing her 911 calls (attached as Exhibit A to the declaration of Mrs. Ortiz). On 4/25/11, the evening Mr. Ortiz claims Mrs. Ortiz committed domestic violence against him, he was again the perpetrator of domestic violence, not Mrs. Ortiz. On that night the parties were having a verbal argument when Mr. Ortiz became violent and slapped Mrs. Ortiz in the face. Mrs. Ortiz slapped Mr. Ortiz back and ran out of the house with her phone to call 911. Her 911 call is evidenced in the cell phone records (attached as Exhibit A to Mrs. Ortizs declaration). In order to avoid getting in trouble Mr. Ortiz called 911 as well. When the police arrived they only had a report of Mr. Ortizs 911 call and they saw Mr. Ortizs bloody nose (Mr. Ortiz is prone to getting nose bleeds) so they arrested Mrs. Ortiz. A few hours later they learned that Mrs. Ortiz had also called 911 and they released her without a charge. A copy of No Complaint Notice is attached as Exhibit D to Mrs. Ortizs

declaration. Through violent acts and threatening behavior Mr. Ortiz also maintained an atmosphere of fear throughout the marriage, causing Mrs. Ortiz to be afraid to say anything against him. Mrs. Ortiz likely also developed battered womans syndrome due to the many years of physical and mental abuse. Furthermore, while Mrs. Ortiz had no arrests or convictions prior to the 4/25/11 incident, Mr. Ortiz was previously arrested for possession of an unlicensed gun with the serial number scratched off. He eventually plead guilty to a misdemeanor for this crime. Mr. Ortizs allegation that Mrs. Ortiz initiated a physical fight in the San Jose Airport in October 2010 is false. Mrs. Ortiz was the one who was assaulted in that altercation and the police asked if she wanted to press charges. Mrs. Ortiz was not arrested or charged. Mrs. Ortizs declaration also describes Mr. Ortizs perpetration of domestic violence against the parties children, (1) including beating their daughter Adrianne with a belt two years ago, (2) throwing a Blackberry phone at Mrs. Ortiz while she was in bed with their son Isaiah (the phone hit Mrs. Ortiz in the leg and left a large bruise), and (3) telling Adrianne earlier this year that if he hit her (Adrianne) its Mrs. Ortizs fault.
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Mr. Ortizs allegation that their children are afraid of Mrs. Ortiz is completely untrue. In fact, since the temporary restraining order in this case has been in effect Adrianne has repeatedly told Mrs. Ortiz that she is afraid of Mr. Ortiz and does not want to live with him. On 6/10/11, in desperation, Adrianne called 911 to get the police to let her live with Mrs. Ortiz. She reported that Mr. Ortiz had beaten her with a belt in the past and threatened her a few months ago, saying that if I hit you its your mothers fault. The SJPD responded to the call and called Mr. Ortiz to ask him if the children could stay with Mrs. Ortiz and he refused. A copy of the San Jose Police Department Incident Card is attached to the Declaration of Mrs. Ortiz as Exhibit E. If Mr. Ortiz is unwilling to allow Mrs. Ortiz to have custody of the children, a child custody evaluation must be conducted at the earliest possible time to evaluate Mr. Ortizs parental fitness. Mrs. Ortiz is confident that the evaluation will result in a recommendation that the childrens best interest would be served by awarding her primary custody and requiring Mr. Ortiz to complete a batterers program and parenting classes. The declarations of Mrs. Ortiz and her witnesses also describe how she is without a doubt more qualified to be the primary custodial parent. Mrs. Ortiz has been the one who has taken the children to school, helped them with their homework, taken them to their sports events and church, attended their school conferences, helped them with their homework, and has been the parent they turn to for emotional support. Mrs. Ortiz has a substantial bond with her children and it would absolutely be in the childrens best interest for her to remain the primary custodial parent. Mr. Ortizs allegation that Mrs. Ortiz leaves the children with strangers is completely untrue. The only people Mrs. Ortiz has left the children with are Mrs. Ortizs parents and brother and Mr. Ortizs sister. Mr. Ortiz has never been there for the children. On weekdays he would leave very early in the morning and come home very late at night. On weekends he left Friday nights and came home Monday morning to get ready for work. As a result, Adrianne and Isaiah hardly know him now and he does not have the parenting skills to properly care for them.

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Not only has he always failed to participate in any of the above activities with the children, he does not show them affection. He has repeatedly stated that this is because he wants his kids to grow up tough. Instead of spending time with his children Mr. Ortiz was busy pursuing extramarital affairs during the marriage and has at least two children with one of his mistresses (he is currently paying child support for these children). Furthermore, Mr. Ortizs conduct since the temporary restraining order has been in effect indicates that he has no intention of changing. Adrianne has told Mrs. Ortiz that he pays his sister, Sofia Ortiz, to care for her and Isaiah and he acts like they are not even there. Mr. Ortiz also has friends that have criminal records and/or are involved in criminal activity. If Mr. Ortiz is awarded custody the children will be exposed to these people. Furthermore, Mr. Ortiz recently caused Adrianne significant emotional trauma. Adrianne returned home following a visit with her mother and Mr. Ortiz was in the house with his girlfriend and their two kids (which were conceived during his marriage to Mrs. Ortiz). Adrianne had never met this woman or her half-siblings before. She was devastated and ran out of the house crying. III. ARGUMENT & DEMAND The timing of Mr. Ortizs request for a restraining order is no coincidence. Mr. Ortiz claims that Mrs. Ortiz committed domestic violence on 4/25/11. At that time Mr. Ortiz did not seek and was not awarded an emergency protective order. He later filed his divorce petition on 5/17/11 and filed his request for a Restraining Order the next day. One would think that someone who is legitimately afraid would file the request for restraining order first. The fact is that Mr. Ortiz is not the least bit afraid of Mrs. Ortiz. This action is nothing more than Mr. Ortizs attempt to gain an advantage in the divorce action. By alleging that Mrs. Ortiz is the perpetrator of domestic violence, Mr. Ortiz gains a negotiation advantage because he: Potentially avoids paying spousal support;

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Potentially gains full custody of the children so he doesnt have to pay child support. Meanwhile he has no intention to care for the children himself and is not even capable of doing so; Got Mrs. Ortiz out of the marital home so he could eventually move in his girlfriend and their two kids; Without any regard to the psychological trauma to Adrianne and Isaiah; Potentially avoids having to complete a batters program and parenting classes which he desperately needs; and Potentially avoids having to pay Mrs. Ortizs attorneys fees and legal costs, which she needs to have equal legal representation in this case. Mrs. Ortiz is ready to present witnesses and documents establishing that Mr. Ortiz has

perpetrated many acts of domestic violence against Mrs. Ortiz and their children throughout the years. She is also confident that the children will express that they: Strongly wish to be in her custody; Have strong emotional bonds with her; Hardly have any relationship with their father and are afraid of him; Have repeatedly witnessed Mr. Ortiz physically abuse Mrs. Ortiz; Have been abused by Mr. Ortiz; and Have not been abused by Mr. Ortiz and are not afraid of her. The court must not allow Mr. Ortiz to benefit from his reprehensible conduct. His request for a restraining order must be denied and he should be ordered to pay the attorney fees Mrs. Ortiz was forced to expend in defending against this frivolous request.

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Mrs. Ortiz further requests that (1) Mr. Ortiz be ordered to complete a batterers program, parenting classes, and psychological treatment before he be allowed to have joint custody of the children and (2) the court to issue an order excluding Mr. Ortiz from the residence and allowing her to reside there with the children. This would serve the childrens best interests by

maintaining the life the children are familiar with and allowing them to be with their primary
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caretaker.

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A restraining order against Mrs. Ortiz is completely unnecessary. She has absolutely no intention of maintaining contact with Mr. Ortiz, except as necessary to address their childrens needs.

DATED: June 28, 2011

BY: ____________________________ PORIYA ROHANI Attorney for Respondent Yesenia Ortiz

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