Bryan Paul Hernandez v. Paul Roger Hernandez
39802-1
Wash. Ct. App.Dec 2, 2024Background
- Bryan Hernandez filed a petition in Washington state court seeking a domestic violence protection order against her father, Roger Hernandez, and named others to be protected.
- The superior court denied the petition without holding a hearing, finding insufficient factual detail (no specific incident dates or supporting facts) to justify an order.
- Hernandez appealed, arguing the court was biased or failed to review her petition and erred by not holding a hearing.
- Hernandez failed to comply with procedural rules by not properly designating or transmitting clerk’s papers and did not include specific factual support in her brief.
- The appellate record only included the petition and denial order attached to the notice of appeal, not properly transmitted or cited.
- Roger Hernandez responded by denying all allegations, highlighting lack of credibility and specificity in the claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial without hearing | Court should have held a hearing; no fair review | Sufficient grounds for denial; no hearing required without facts | No hearing required if petition lacks specifics |
| Sufficiency of evidence | Petition's content warrants an order | Allegations implausible, lack specifics | Claims lacked specific, credible supporting facts; order denial affirmed |
| Compliance with appellate rules | -- | Failed to comply with rules | Appeal denied for non-compliance with rules |
| Motion for stay | Requested stay of denial order | -- | Motion for stay denied (no relief granted) |
Key Cases Cited
- Juarez v. Juarez, 195 Wn. App. 880 (discretion standard for protection order decisions)
- State v. Powell, 126 Wn.2d 244 (definition of abuse of discretion)
- In the Matter of Marriage of Littlefield, 133 Wn.2d 39 (standard for manifestly unreasonable judicial decisions)
- State v. Perez-Cervantes, 141 Wn.2d 468 (abuse of discretion standard clarified)
- In the Matter of the Marriage of Freeman, 169 Wn.2d 664 (protection order facts must relate to physical harm or fear of harm)
- Scott v. Harris, 550 U.S. 372 (court need not credit implausible factual claims at summary judgment)