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CourtListener opinion 11200756

Date unknown · US

Extracted case name
K.T. v. E.S
Extracted reporter citation
89 Cal.App.5th 574
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pending
QDRO relevance 5/5Retirement relevance 2/5Family-law relevance 5/5gold label pending
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Machine-draft public headnote: CourtListener opinion 11200756 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to QDRO procedure / domestic relations order issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.

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Category: QDRO procedure / domestic relations order issues

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ajwa's motion to dismiss the appeal based on the disentitlement doctrine. She asserts Mateen has failed to pay ongoing child support, refused to cooperate with Najwa to refinance the family home, and failed to pay his share of attorney fees for preparation of qualified domestic relations orders. She also notes the trial court previously sanctioned Mateen for failing to participate in good faith settlement discussions, among other things. She argues Mateen's noncompliance demonstrates an "attitude of contempt" sufficient to warrant dismissal of the appeal. We decline to exercise our discretion to dismiss the appeal. "‘An appellate court has the i

domestic relations order

ion to dismiss the appeal based on the disentitlement doctrine. She asserts Mateen has failed to pay ongoing child support, refused to cooperate with Najwa to refinance the family home, and failed to pay his share of attorney fees for preparation of qualified domestic relations orders. She also notes the trial court previously sanctioned Mateen for failing to participate in good faith settlement discussions, among other things. She argues Mateen's noncompliance demonstrates an "attitude of contempt" sufficient to warrant dismissal of the appeal. We decline to exercise our discretion to dismiss the appeal. "‘An appellate court has the i

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public
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machine draft public v0
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gold label pending
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US
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reporter: 89 Cal.App.5th 574
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May 14, 2026

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Clean opinion text

Filed 11/10/25 Marriage of Karzai CA4/3

 NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication
or ordered published for purposes of rule 8.1115.

 IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

 FOURTH APPELLATE DISTRICT

 DIVISION THREE

 In re the Marriage of NAJWA TARZI
 and MATEEN KARZAI.

 NAJWA TARZI KARZAI,
 G064143
 Respondent,
 (Super. Ct. No. 21D003500)
 v.
 OPINION
 MATEEN KARZAI,

 Appellant.

 Appeal from a judgment of the Superior Court of Orange County,
Israel Claustro, Judge. Affirmed.
 Wilkinson & Finkbeiner and Brian D. Mullen for Appellant.
 The Blonska Firm, Jason A. Blonska and Robin E. LeMaster-
Farrimond for Respondent.
 * * *
 Mateen Karzai appeals from a judgment in this marital
dissolution action involving his former spouse Najwa Tarzi Karzai.1 He raises
three arguments on appeal. First, he contends the court erred by denying his
request for order to modify a domestic violence restraining order (DVRO)
issued against him (the RFO). According to Mateen, the court should have
issued a statement of decision, prematurely entered judgment, lacked
jurisdiction to maintain his adult daughter as a protected party, and
misapplied Family Code section 3044.2 Second, he argues the court
improperly considered an exhibit that was not admitted into evidence. Third,
he challenges the denial of his request for need-based attorney fees.
 For the reasons below, we find no reversible error and affirm the
judgment.
 FACTS
 Mateen and Najwa were married for 22 years, and they have one
daughter and one son. In 2021, Najwa filed a petition for dissolution of
marriage.
 I.
 THE DVRO
 On October 10, 2022, the court issued a three-year DVRO against
Mateen, protecting Najwa and their two children. Among other things,
Mateen was ordered to not contact the children and to stay 100 yards away
from them and their schools. When the DVRO was issued, the parties'

 1
 As is customary where the parties share a surname, we refer to
them by their first names for ease of reading and clarity.
 2
 All further statutory references are to the Family Code unless
otherwise stated.

 2
 daughter was 17 years old, a first-year college student, and would turn 18
years old the following month.
 In granting the DVRO, the court found Najwa credibly described
an incident when Mateen struck her, which also was corroborated by
Mateen's own testimony. The court likewise found Najwa credibly described
Mateen's threats and name-calling as well as an incident where Mateen
placed his hands on their son in anger. The court further noted an incident
where the son "had to restrain [Mateen] from the daughter in some way,
again indicating acts of domestic violence." The court added that Mateen
lacked candor and minimized his conduct.
 II.
 MATEEN'S RFO TO MODIFY THE DVRO
 In August 2023, Mateen filed an RFO seeking to modify the
DVRO to remove the children as protected parties.3 He was represented by
counsel solely in connection with the RFO.
 At the outset of the hearing in March 2024, Mateen's counsel
argued the court should decide whether it even had jurisdiction to maintain
adult children as protected parties. At that time, the daughter was an adult,
and the son was 17 years old. In response, the court disagreed that the
children's attainment of majority altered their status as protected parties.
But as to the son, the court suggested the parties present evidence regarding
whether Mateen had rebutted the section 3044 presumption. The court
explained: "Just for purposes of the appellate review, I think it would be

 3
 On the court's own motion, we augment the order to include the
August 3, 2023 RFO filed in the Orange County Superior Court, case No.
21D003500.

 3
 prudent to take some testimony . . . . We can't take testimony on legal issue[s]
because we don't have authority for it. [¶] But in terms of [section] 3044 and
your client's activities consistent with overcoming [the] presumption. I think
it's relevant . . . . Because in my mind, that's the only avenue that we have
available. At least as it relates to [the son] . . . ."
 At the end of the hearing, Mateen's counsel argued Mateen had
learned from the various programs he completed. He also emphasized the
children were either adults or nearing adulthood and no longer required
protection.
 The court ultimately denied Mateen's RFO. It acknowledged
Mateen's completion of a 52-week batterer intervention program, anger
management, and parenting courses, but it found no meaningful indication
that these efforts led to behavioral change. The court emphasized Mateen's
lack of "contrition" or acknowledgment of wrongdoing and concluded he had
not demonstrated sufficient progress to justify modifying the DVRO.
 After the court orally announced its ruling, Mateen's counsel
requested a statement of decision addressing: (1) "whether the [DVRO] with
children as protected persons survives the children [reaching] the age of
majority"; (2) "whether adult children in this case should be able to control
the extent to which they have contact with" Mateen; (3) whether Mateen "was
an active parent in his children's lives"; (4) whether "[Mateen], as an active
parent in his children's lives should be forever prohibit[ed] from ever
contacting his children again"; and (5) "whether the court's conclusion that
[Mateen] did not acknowledge on the witness stand . . . that he could have
done better. That he may have overreacted, that he is more peaceful now.
Does not in fact [demonstrate] that there was some merit to successful

 4
 completion of those courses." The court ordered Mateen's counsel to prepare a
proposed statement, which he never did.
 III.
 TRIAL
 In March 2024, the case proceeded to trial. Mateen appeared in
propria persona. During trial, the court and parties considered Najwa's
Exhibit 110, a proposed marital balance sheet that was never admitted into
evidence. The court also denied Mateen's request for need-based attorney fees
under section 2030. Mateen timely filed a notice of appeal from the judgment.
 DISCUSSION
 I.
 NAJWA'S MOTION TO DISMISS THE APPEAL
 Before we consider the merits, we address Najwa's motion to
dismiss the appeal based on the disentitlement doctrine. She asserts Mateen
has failed to pay ongoing child support, refused to cooperate with Najwa to
refinance the family home, and failed to pay his share of attorney fees for
preparation of qualified domestic relations orders. She also notes the trial
court previously sanctioned Mateen for failing to participate in good faith
settlement discussions, among other things. She argues Mateen's
noncompliance demonstrates an "attitude of contempt" sufficient to warrant
dismissal of the appeal.
 We decline to exercise our discretion to dismiss the appeal. "‘An
appellate court has the inherent power, under the "disentitlement doctrine,"
to dismiss an appeal by a party that refuses to comply with a lower court
order.'" (In re Marriage of Cohen (2023) 89 Cal.App.5th 574, 580.) The
doctrine is not jurisdictional. (Ibid.) Instead, it is a "‘"‘discretionary tool that
may be applied when the balance of the equitable concerns make it a proper

 5
 sanction.'"‘" (Ibid.) Although Mateen's post-judgment conduct, if established,
is troubling, it does not persuade us that dismissal of his appeal is warranted.
The equities of this case favor resolving the appeal on the merits. We
accordingly deny Najwa's motion to dismiss and her related request for
judicial notice as unnecessary to resolve this appeal.
 II.
 MATEEN'S RFO TO MODIFY THE DVRO
 Mateen contends the court erred by denying his request to modify
the DVRO because it did not issue a statement of decision, prematurely
entered judgment, lacked jurisdiction to maintain the daughter as a protected
party, and misapplied section 3044. Mateen's arguments do not warrant
reversal.
A. Statement of Decision
 1. Applicable Law
 Under Code of Civil Procedure section 632, "[t]he court shall issue
a statement of decision . . . upon the request of any party appearing at the
trial." A party's request must "specify those controverted issues as to which
the party is requesting a statement of decision." (Code Civ. Proc., § 632.) If, as
here, the trial "is concluded within one calendar day or in less than eight
hours over more than one day," a request for statement of decision "must be
made prior to the submission of the matter for decision." (Ibid.) A trial court's
failure to issue a requested statement of decision is reviewed for harmless
error. (F.P. v. Monier (2017) 3 Cal.5th 1099, 1108; Alafi v. Cohen (2024) 106
Cal.App.5th 46, 61.)
 2. Analysis
 Mateen requests we reverse the court's denial of his RFO and
remand for a statement of decision, which his counsel requested at the

 6
 hearing. In response, Najwa argues Mateen's request was untimely because
the matter had already been submitted. (Code Civ. Proc., § 632; Cal. Rules of
Court, rule 3.1590(n).) Although the court orally submitted the matter and
announced its ruling, Mateen's counsel requested a statement of decision
immediately after the court's oral ruling. The court apparently accepted the
request because it ordered Mateen's counsel to prepare a proposed statement
of decision. (See Cal. Rules of Court, rule 3.1590 (c)(3) [trial court may order a
party to prepare a statement of decision].) Regardless of the timeliness of his
request, Mateen's counsel never submitted a proposed statement of decision
for the court's consideration. (See Whittington v. McKinney (1991) 234
Cal.App.3d 123, 129 ["A party may waive his or her right to a written
statement of decision"].)
 Assuming the court erred by not issuing a statement of decision
after Mateen's failure to prepare one, the error was harmless. Such an error
is reversible only if it resulted in a miscarriage of justice—i.e., if it is
reasonably probable the outcome would have been more favorable to Mateen
absent the error. (F.P. v. Monier, supra, 3 Cal.5th at pp. 1108–1109; Doe
WHBE 3 v. Uber Technologies, Inc. (2024) 102 Cal.App.5th 1135, 1164–1165;
Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 800.) Mateen contends he
was prejudiced by the absence of a statement of decision because the court
did not explain the legal basis for continuing to include his adult daughter as
a protected person or for applying section 3044 when he only sought contact,
not custody. But the record reveals the court made express findings
supporting its denial of the RFO. It found Mateen had not meaningfully
acknowledged any wrongdoing, lacked insight into his past behavior, and
showed no genuine contrition. Although Mateen completed a 52-week
batterer intervention program, a parenting class, and an anger management

 7
 course, the court found these classes did not result in any corrective behavior
or demonstrate that Mateen understood the impact of his past conduct.
 The court's reasoning also encompassed the issues Mateen claims
were unaddressed, including whether continued protection was warranted
given the children's age. Indeed, the court specifically noted the son was
almost 18 years old and indicated it would consider a future request for
contact subject to the son's preferences. Earlier in the hearing, the court
noted the daughter's age of majority did not divest it of authority to keep her
as a protected person. It explained: "Often times we include protected parties
on those restraining orders that are either not relatives or sometimes older
relatives. Family members, grandparents, parents and there's nothing to
[a]ffect the validity of that restraining order . . . . [¶] [or that] changes the
status of a protected person. The analogy . . . in this case would be when the
child was listed a protected person. And the restraining order in this case,
they happen to be under the age of 18 . . . . [¶] Even after they became the
age of majority, I don't think the age of majority changed their status as a
protected party." In other words, the court's comments demonstrate it
evaluated the relevant circumstances, including the children's age.
 On this record, Mateen has not shown prejudice resulting from
the absence of a written statement of decision, and the court's oral findings
provide a sufficient basis for appellate review.
B. Time to Object to the Proposed Judgment
 Assuming the court deemed the statement of decision to have
been waived, Mateen alternatively argues the court erred by entering
judgment before expiration of the 10 day period to object under California
Rules of Court, rule 3.1590(j). The latter rule provides that a party has 10
days after service of a proposed judgment to file objections. (Cal. Rules of

 8
 Court, rule 3.1590(j).) Here, the judgment of dissolution was filed on April 3,
2024, five days after the court's trial findings. Despite the court's haste,
Mateen does not identify any objection he would have raised to the proposed
judgment or explain how the outcome would have changed. Any error was
therefore harmless.
C. Jurisdiction Over Daughter
 Mateen next argues the court erred by denying his RFO as it
pertained to his daughter because the court lacked jurisdiction over her after
she turned 18 years old. Although a court's jurisdiction to issue custody and
visitation orders terminates when a child attains majority (§§ 2010, 3022),
this limitation does not apply to restraining orders issued under the Domestic
Violence Prevention Act (§ 6200 et seq.) (DVPA).
 The DVPA provides an independent statutory basis for protecting
victims of domestic violence regardless of age. (See § 6221, subd. (a).) Section
6320, subdivision (a) authorizes courts to issue ex parte orders protecting
"other named family or household members[,]" and Judicial Council form DV-
130 includes a section for "Additional Protected Persons," which is defined as
"family or household members" of the protected party. Here, Mateen's
daughter was 17 years old when the court issued the DVRO and found she
was a victim of Mateen's domestic violence. She ceased to be subject to
custody or visitation orders when she turned 18 years old, but she remained
eligible for protection under the DVPA as an adult family member. (See In re
Marriage of Reichenthal (2021) 73 Cal.App.5th 396, 405.)
 Mateen's reliance on In re Marriage of Jensen (2003) 114
Cal.App.4th 587 (Jensen) is misplaced. In Jensen, the court held a visitation
order regarding an adult child was void because the trial court lacked
statutory authority to make the order once the child became an adult. (Id. at

 9
 pp. 592–594.) After the child, who was autistic, turned 18 years old, the
father sought to enforce ongoing visitation pursuant to a marital settlement
agreement. (Id. at p. 591.) The court concluded the trial court lacked
jurisdiction to compel visitation by an adult child or to require the mother to
control the child's conduct. (Id. at pp. 592–594.) Jensen did not involve a
restraining order under the DVPA, and it did not address a court's authority
to protect adult family members from domestic violence.
 For these reasons, the court had jurisdiction over Mateen's
daughter. To hold otherwise would produce an anomalous result: an
emancipated adult child who is a victim of domestic violence would receive
less protection than any other adult household member. Such a result would
be contrary to the purpose of the DVPA, which is to safeguard all victims of
domestic violence.
D. Section 3044
 Mateen further claims the court erred by applying section 3044
because he did not seek custody or visitation orders. The court denied the
RFO on broader grounds so its reliance on section 3044 does not establish
reversible error.
 Section 3044 creates "a rebuttable presumption that an award of
sole or joint physical or legal custody of a child to a person who has
perpetrated domestic violence is detrimental to the best interest of the child."
(§ 3044, subd. (a).) Here, Mateen did not seek custody but rather modification
of the DVRO to remove the children as protected parties and to allow contact
with them.
 Although the trial court found section 3044 "would still apply" to
Mateen's then-minor son, it ultimately denied the RFO because Mateen had
not demonstrated responsibility for the events that had transpired. The

 10
 court's ruling was supported by the evidence. Indeed, Mateen maintained the
trial court had erred by issuing the DVRO and testified he did nothing wrong
to the children. He also attributed the DVRO to mistakes made by his former
attorney rather than his own conduct, denied attacking Najwa, and testified
his daughter had attacked him.
 Under these circumstances, we need not resolve whether section
3044 governed Mateen's RFO. Even assuming, arguendo, the court
improperly invoked section 3044, the court's ruling essentially rested on
Mateen's lack of responsibility for his actions. The court did not abuse its
discretion by relying on this ground. (§ 6320, subd. (a) [only "good cause" is
needed to include family or household members as protected parties]; Loeffler
v. Medina (2009) 174 Cal.App.4th 1495, 1502–1508 [trial court did not abuse
discretion by denying termination of DVRO where moving party failed to
show a material change in circumstances, a change in law, or that the ends of
justice required termination]; see K.T. v. E.S. (2025) 109 Cal.App.5th 1114,
1129–1132 [trial court erred by denying inclusion of children as protected
parties where evidence of exposure to domestic violence satisfied the "good
cause" standard].)
 III.
 EXHIBIT 110
 Mateen also contends the court erred by considering Exhibit 110,
a proposed marital balance sheet prepared by Najwa's counsel that detailed
the parties' assets and liabilities. He claims he was not prepared to address
Exhibit 110 at trial because he received it after the court's exhibit-exchange
deadline and the figures differed from Najwa's stipulated schedule of assets
and debts. The court did not abuse its discretion by considering Exhibit 110.

 11
 The court did not admit Exhibit 110 into evidence. Instead, the
document was used as a trial aid: it referenced admitted exhibits supporting
the values listed, was discussed on the record, and was adjusted based on the
parties' testimony and the admitted evidence. The court also reviewed the
document with Mateen and allowed him to confirm or dispute any line item.
Finally, it does not appear Mateen objected to the court's use of Exhibit 110.
Although he appeared in propria persona, self-represented litigants are held
to the same procedural rules as represented parties. (Nuno v. California State
University, Bakersfield (2020) 47 Cal.App.5th 799, 811.) For these reasons,
the court acted within its discretion. There is no basis to disturb its ruling.
 IV.
 ATTORNEY FEES
 Mateen finally argues the court erred by denying his request for
need-based attorney fees under section 2030. He emphasizes the disparity in
the parties' incomes: Najwa earned over $17,000 per month while Mateen
received about $600 in rental income and lived off $37,000 in savings. He also
appears to suggest the court did not make express findings required under
section 2030 and improperly relied on Najwa's "discretionary" expenses to
conclude she could not pay attorney fees. Although the court did not explicitly
address the parties' disparity in access to funds, it is not reasonably probable
the court's explicit finding would have altered the outcome.
 Section 2030 requires the court to make findings on: (1) "whether
an award of attorney's fees and costs . . . is appropriate"; (2) "whether there is
a disparity in access to funds to retain counsel"; and (3) "whether one party is
able to pay for legal representation of both parties." (§ 2030, subd. (a)(2).) The
court must make explicit findings on each of these three issues. (In re
Marriage of Morton (2018) 27 Cal.App.5th 1025, 1050–1051.) Failure to do so

 12
 is reversible error if the appealing party establishes prejudice—i.e., "‘a
reasonable probability that in the absence of the error, a result more
favorable to the appealing party would have been reached.'" (Id. at pp. 1050.)
Section 2032 further provides that any award must be "just and reasonable
under the relative circumstances of the respective parties." (§ 2032, subd. (a).)
We review the trial court's ruling for abuse of discretion. (In re Marriage of
M.A. & M.A. (2015) 234 Cal.App.4th 894, 903.)
 Here, the court did not separately address the parties' disparity
of access to funds. But it found Najwa did not have the ability to pay
Mateen's attorney fees because her expenses exceeded her income. The court
noted her $60,000 in credit card debt, $47,000 vehicle loan, and sole
responsibility for the children's tuition and living expenses. According to her
income and expense declaration, she had almost $20,000 in monthly
expenses. Mateen insists the court relied on expenses that were discretionary
and should have been disregarded. But a party's ability to pay necessarily
includes the nature and extent of their expenses. Mateen also cites no
authority suggesting the court was precluded from considering Najwa's debts
and family obligations.
 In short, it is not reasonably probable the court would have
ordered Najwa to pay attorney fees had it made an explicit finding on the
disparity issue. Any omission was therefore harmless.

 13
 DISPOSITION
 The judgment is affirmed. Najwa shall recover her costs incurred
on appeal.

 SANCHEZ, J.

WE CONCUR:

MOTOIKE, ACTING P. J.

MOORE, J.

 14