Cardona v. Soto

Case
October 7, 2024
Description

In this case, Soto requested a restraining order against Cardona for herself and the parties’ daughter.  At the hearing, both parties were self-represented. Daughter testified but the testimony occurred in chambers outside the presence of both Soto and Cardona and without a court reporter. After hearing daughter’s testimony, the trial court stated that it “was not going to talk to” the parties about what the trial court learned from the daughter except to say the trial court heard an audio recording daughter had taken of the incident where Cardona assaulted his current wife and it was “pretty awful.” The trial issued a one-year restraining order for Soto and the daughter. Cardona appealed, arguing “his was denied due process when the trial court held an unreported, in-chambers interview of daughter.”

 

During the pendency of the appeal, the DVRO expired. The Court of Appeal held the appeal was not moot because the section 3044 presumption would apply in this case even though the DVRO was expired. “Thus, the DVRO [would] have consequences for [Cardona] in future proceedings involving custody of his daughter.”

 

Noting due process rights were heightened in this case because they concerned parental rights, the reviewing court also found Cardona was denied due process. Though the Court noted a minor’s testimony can be taken outside the presence of the parties, it found the trial court here failed to “apprise Cardona of” his daughter’s testimony or provide him with a meaningful opportunity to respond to the testimony. The case provides examples of safeguards that trial courts can implement, such as having a court reporter present in chambers during a minor’s testimony, to ensure parties’ may respond to the evidence.

Was this resource helpful?

Thanks for your feedback!