FILED
AUGUST 18, 2016
In the Office of the Clerk of Court
WA State Court of Appeals, Division III
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE
ESMERALDA RODRIGUEZ, )
) No. 33649-2-111
Appellant, )
)
V. )
)
LUIS DANIEL ZAVALA, ) UNPUBLISHED OPINION
)
Respondent. )
FEARING, C.J. - The trial court granted Esmeralda Rodriguez a domestic violence
protection order restraining her former boyfriend, Luis Daniel Zavala, from contact with
her or her three daughters. The trial court refused to include the parties' male minor child
Lazaro as a protected party under the order. Lazaro is a fictitious name. The court found
that Lazaro was not threatened or the subject of abuse. The trial court also refused to
enter residential provisions restricting Zavala's access to Lazaro. Rodriguez appeals both
rulings. We hold that the trial court did not abuse its discretion and affirm both rulings.
FACTS
Petitioner Esmeralda Rodriguez dated respondent Luis Zavala. The couple had
No. 33649-2-111
Rodriguez v. Zavala
one son in common, Lazaro. Lazaro was two years old in June 2015, the month that
Rodriguez sought a protection order. Rodriguez also raised three daughters, born from an
earlier relationship. During the relationship between Rodriguez and Zavala, Zavala
repeatedly physically assaulted Esmeralda Rodriguez, threatened to kidnap Lazaro, and
threatened to kill Rodriguez, her children, and himself.
Events in the early morning of June 14, 2015, precipitated the entry of a second
domestic violence protection order favoring Esmerelda Rodriguez. We do not know
when the first order was entered or the basis for the first order. On June 14, at 2 a.m., in
violation of the existing no contact order, Luis Zavala appeared at Rodriguez's house and
forcibly entered the home. He was drunk, sleep deprived, or both and wanted to talk to
Lazaro. Rodriguez ordered Zavala to leave the premises or she would call the police.
Zavala cornered Rodriguez and choked her. He threatened to end what he had started.
Rodriguez yelled for a daughter to call 911. Rodriguez, in fear for her life, stabbed
Zavala in the stomach with a knife.
PROCEDURE
On June 16, 2015, Esmeralda Rodriguez filed another petition for an order of
protection. In the petition, Rodriguez sought a restraint against Luis Zavala from contact
with her and her four children and from coming near the family home or any of the
children's day care facilities or schools.
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No. 33649-2-111
Rodriguez v. Zavala
Esmerelda Rodriguez's petition documented some of the abuse by Luis Zavala.
Rodriguez averred under oath, as part of the petition:
Luis has continued to harass me and has made numerous threats to
hurt me and my children.
Clerk's Papers (CP) at 4. Rodriguez wrote:
On June 14th 2015 around 2:00 a.m. I woke up to Luis banging on
bedroom window outside. I yelled to Luis to please leave us alone. Luis
began to yell at me and demanded I open the door or he would break the
window and come inside. I went to the door and opened it a little to tell
him to leave and that [I] did not want my daughters to wake up. Luis
pushed me away from the door. I told him to leave or ifhe didn't I would
call the police. Luis cornered me to the wall and placed [his] hand on my
face trying to choke me. Luis then told me-now [I] am finally going to
end what I started. I feared he was going to kill me. I reached for kitchen
knife stabbed him in the stomach area. I yelled at my daughter to call 911.
2007-When I was pregnant from our son[,] Luis pushed [me] to
[the] floor because he was using drugs.
Luis got on top of me when I was laying on the bed and began to put
a pillow over my head preventing me from breathing.
Luis is always telling me [that I am] at fault with everything going
wrong with him.
CP at 5.
Luis has threatened he is going to [do] something to my daughter so
terrible it [is] going to mal