Sup.Ct.App.Div.;
BR 053153

The Appellate Division of the Los Angeles County Superior Court affirmed a judgment. The court held that the trial court did not abuse its discretion in considering felony aggravating factors in imposing sentence for misdemeanor violations of protective orders.

Kim K. broke up with Steven Faber after dating him for about seven weeks. Immediately after the breakup, Kim received multiple text messages from Faber despite her repeated requests that he cease contacting her. Kim told Faber “his constant texting was making [her] feel threatened,” Kim obtained a temporary restraining order, which Faber disregarded. Kim went back to court and was issued a one-year restraining order, which Faber also disregarded. Kim, who lived alone with her school-age son, was frightened both for her own safety and that of her son. Over the next three months, Kim called 911 more than 10 times to report Faber's violations of the protective orders. Faber was ultimately charged with, and convicted of, 13 counts of knowingly and intentionally violating protective orders.