Victim Defends Husband for Violating Court Order, Citing His Poor English Skills

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By Fiona Deane-Grundman

FRESNO – There was a certain irony in Fresno County Superior Court last week when the victim of domestic violence stepped in to defend the husband.

The victim argued that her husband Jesus Hernandez, who does not speak fluent English, did not understand the terms of the protective order that prevented him from contacting her and her adult child.

Gomez’s wife, addressing Fresno County Superior Court Judge Glenda Allen Hill, said that her husband suffers from schizo-affective disorder and that she agrees with defense attorney Joshua Powers that “the protective order be vacated due to it not being based on facts.”

She referred to the situation as “all a misunderstanding.”

The judge rebutted her assertion about the protective order, stating that on July 24 she had asked the district attorney’s office whether it wanted to withdraw any allegations and at that time, the DA indicated no.

When asked whether she had changed her mind, Deputy District Attorney Heather Spurling said that she had not.

Judge Allen Hill recalled that she did receive a letter from Gomez at the last hearing and said she would accept a “new and different letter,” but reiterated that “it is the People’s decision whether or not to pursue the charges.”

She then reminded the victim that she and her son could appear in court at any of the hearings, but that the DA had chosen to continue to pursue the charges against Hernandez.

When probation contacted victim in late July, she and her son indicated that they had no fear or concerns for their safety.

The court stated that it was prepared to release the defendant on pretrial release, with the terms being that he wears an electronic monitor and complies with the previously issued protective order.

The judge maintained that if Hernandez hadn’t understood the terms of the protective order, he should have clarified them at an earlier date. She warned that if Hernandez were to violate the terms again, it could result in up to one year in jail. He indicated that he understood.

After a recess, Judge Allen Hill set a preliminary hearing date for October 2.

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About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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