Couple Reconciles after Domestic Violence; Judges Softens Order


By Kalani E. Gaines

FRESNO – While Fernanda Munos attended her hearing here at the Fresno County Superior Court for a domestic violence charge, the victim of her attack asked Judge Glenda Allen-Hill to not place a criminal protective order (CPO) as requested, but rather a peaceful contact order.

The victim present at the hearing is a family member of Munos in which the specific relationship was not indicated. On June 15, Munos and the victim had been in an argument that resulted in his receiving care from the ambulance at the scene, according to the reports.

“I’d like for you to consider not placing the no contact order for me and Fernanda or maybe even pursue the peaceful contact order or maybe have no order placed at all,” the victim stated at the podium. “I do not feel any threat whatsoever.” He also stated that he has been attending family counseling where an assessment has been completed already.

Judge Allen-Hill agreed to take the victim’s statement into consideration and allowed Deputy District Attorney Samantha Dukes to elaborate on reasoning for a CPO.

“The victim called 9-1-1, stating the defendant had grabbed him by the throat and was armed with a wooden club and swung it at him,” Dukes stated. “While they were arguing the defendant grabbed the victim, held the wooden stick with her right hand, swung at him, and then pushed the victim which caused him to fall backwards onto a set of pruning shears.”

The fall caused the victim to be injured with an abrasion in his upper left shoulder area. Dukes noted that the victim got up and called the police immediately after this.

Dukes stated that Munos has no prior record of domestic violence or criminal history.

Assistant Public Defender Earl Horner agreed with the victim in requesting no CPO or a peaceful contact order instead.

DDA Dukes argued, “I would like to note that an emergency protective order was asked for at the scene and an ambulance did arrive to tend to the victim’s injury.”

Judge Allen-Hill concluded that family counseling is not a main factor in her persuasion in modifying the protective order.

“That’s not persuading the court at all. The court is persuaded, though, by Ms. Munos’ lack of any prior criminal history, lack of any allegations of domestic violence, and although this was dangerous behavior, it appeared to be weapons of opportunity, not of design.”

In lieu of these reasons as well as the victim’s statement, Judge Allen-Hill decided to issue Munos a peaceful contact order.

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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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