The court order, issued by Superior Court Judge Ronald Albers, provides Mirkarimi and Theo with up to two-hours per day and up to six-hours on weekend days to spend unsupervised visits together. Exact times, locations and transportation for the visits are to be arranged by Ms. Patricia Forsyth and her son, Jeremy Forsyth, the order stipulates. The Forsyths are friends of Mirkarimi and his wife, Eliana Lopez.
Mirkarmi is facing three criminal misdemeanor charges stemming from an alleged domestic violence incident involving his wife, Eliana Lopez, on New Year’s Eve. He was ordered separated from his wife and the couple’s two-year old son, Theo, when charges of domestic violence, dissuading a witness and child endangerment were first filed, January 13. The “stay away” order remains in effect until there’s a resolution in his criminal trial, or is lifted by Judge Albers. Mirkarimi’s criminal trial is set to begin February 24.
Judge Breall refused to modify the order, stating that she found no change in circumstances in the week since the order was first imposed; that she saw no reason to depart from the usual domestic violence court procedures of separating alleged abusers from their alleged victims.
When asked how Mirkarimi’s family is doing, McElroy said, “Every night his son, Theo, asks for ‘Daddy.’ This is tearing the family apart, doing more damage than good. Isn’t it supposed to be the exact opposite of what family court is about?”
Prosecutors allege Mirkarimi hurt his wife during an argument in the presence of their two-year old son and told her not to discuss it with anybody.
Mirkarimi was formally charged with alleged domestic violence, child endangerment, and dissuading a witness, stemming from an incident on New Year’s Eve involving Mirkarimi and his wife, Eliana Lopez.
Lopez, who denies domestic violence occurred, was spotted in attendance at the press conference wearing dark sunglasses. It is unclear why she was in attendance, but her attorney, Robert Waggener, told the SFApeal that Lopez “was on her way to see her husband and saw the press conference, protest, whatever you want to call it, and stopped to sit and watch it for a minute or two. That’s what happened.”