Preview
Response to Request for Domestic
Violence Restraining Order
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“E it CED na
BUPERIOR COURT OF
Name of Person Asking for Protection: COUNTY
LAMOREAUX JUSTICE CENTER
(See form DV-100, ttem ():
Mahera Altaf
NOV 12 2019
@® Your Name: (BAVID H, YAMASA the Court
Clerk ofK!,
Mohammed Tahir Farukhi
Your lawyerin this case (tfyou have one): BY____-V. DQ. DEPUTY
‘Name: sherry Graybehl D'Antony, CFLS_ State Bar No.: 136082
Firm Name:
an Aa eaiyer JF WAS Care, give jour lawyers
Address (Ifyou
Fift in court name and street address:
‘Supertor Court of California, County of
information. Ifyou do not heve a lawyer and want to keep your home
range
address private, give a different matling address instead, You do not 341 The City Drive South
have to give your telephone, fax, or e-mail): Orange, CA 92868-3205
Address: 695 Town Center Dr., Suite 700, COSTA MESA, CA 92626 Lamoreaux Justice Center
City: COSTA MESA State: CA Zip: 92626
Telephone: 734-384-6500 ~Faxc: 714-384-6801 Fit in cage number:
E-Mall Address: Case Number:
Use this form to respond to the Request for Domestic 191008384
Violence Restraining Order (form DV-100).
. Fill out this form and take it to the court clerk.
. Have
the person in served by mail with a copy of this form and any attached pages. (See form DV-250, Proof
of Service by Mail)
DV-120-INFO, How Can I Respond to a Request for Domestic Violence
For more information, read form
Restratning Order?
This fonn is fora response to a restraining order request. For more information about how to request your own
and form DV-120-INFO
DYV-505-IN
restraining ordor, read form if I need a
FO(see the section called “What
restraining order against the other person?”
.
‘The judge will consider your Response at the hearing.
Write your hearing date, time, and place from form DV-109, Notice of Court Hearing, item (@)here:
aring}> Date: HAW Time: $:30.a.m.
Da Dept.: ——Room:
You must obey the orders in form DY-110, Temporary Restraining Order, wntil the hearing, At the hearing,
the courtmay make restraining orders against you that could last up to five years and could be renewed.
@a Relationship toPerson Asking for Protection
am Tagree to the relationshiplisted in i item (4) on form DV-100.
b. O Ido not agree that the other party an dU have or had the relationship listed in itom (4) on form DV-100
because:
@)B Other Protected People
a, (1) Tagree to the order requested,
b. I do not agree to the order requested, (1 but I would agree to:
(Specify your reasons in item 25, page 5, of this form.)
war,courts 0a.gor Response to Request for Domestic Viclence DV-120, Page{ ofB
Revised duty 4, 2010, Mandakcry Form
Code, § 6200 at seq Restraining Order
(Domestic Violence Prevention} ‘ester
Do & Porn Biers
[somesee .
&] Personal Conduct Orders
a. C1 J agree to the orders requested,
‘b. HD Ido not agree to the onder requested, (J but
F would agree to:
(Specify your reasons in item 25, page 5, of this form.)
® Stay-Away Order
a, [1 agree to the order requested,
b. EE Ido not agree to the order requested, 1 but I would agree to:
(Specify your reasons in ttem 25, page 5, of this form.)
CO Move-Out Order
a. C1 Tagres to the order requested.
b. C1 Ido not agree to the order requested, (0 but I would agree to:
(Specify your reasons in item 25, page 5, of this form.)
Guns or Other Firearms or Ammunition
Af you were served with form DV-110, Texsporary Restraining Order, you must turn in any guns or firearms in
your immediate possession or control. You must file a receipt with the court from a law enforcement agency or
a licensed gun dealer within 48 hours after you received form DV-110.
a, &) [donot own or have any guns or firearms.
b.O I ask for an exemption from the firearms prohibition under Family Code section 6389(h) because
Gpecify):
©. [) Ihave tumed in my guns and firearms to law enforcement or sold them to, or stored them with, a
licensed gun dealer. A copy of the receipt showing that I turned in, sold, or stored my firearms
(check all that apply):
© isattached =] has already been filed with the court.
@® w Record Unlawful Communications
a. (1 [agree to the order requested.
b. EE) I donot agree to the order requested, but I would agree to: Bach be able to record
the
conversation of tho other party.
(Specify
your reasons in tem 25, page 5, of this form.)
@) 0 Care of Animals
a. 1 J agree to the ordor requested,
b.D Ido not agres to the order requested, C1 but I would agree to:
(Specify your reasons in item 25, page 5, of this form.)
Revinad
Jity 1, 2018 BV-120, Page 2 0f5
Response to Request for Domestic Violence
>
Restraining Order
(Domestic Violence Prevention)
[Case Number:
19008384
@® Child Custody and Visitation
.
a, C1 Tagree to the order requested.
b. [M1 Ido not agree to the order requested. (Specify your reasons in item 25, page 5, of this form)
c. CI Tam aot the parent of the child listed in form DY-105, Request for Child Custody and Visitation Orders,
d, (% ask for the following custody order (spec({)); That have joint legal custody of our son, end that Lhave.
. Wife shall have ing weekends from Fri i Sui
te ol Tdo not agree to the orders requested to limit the child’s travel as listed in form DV-108,
ef
Request for Order: No Travel with Children,
You and the other parent may tell the court that you want to be legal parents of the children (use form
DV-180, Agreement and Judgment of Parentage).
(3)@ Child Support (Check ail that apply):
a, (0 Lagroe to the order requested.
‘b. [B)Ido not agree to the order requested. (Specify your reasons in item 25, page 5, of this form.)
@, C1 Lagres to pay guideline child support.
Whether or not you agree to pay support, you must fill out, serve, and file form FL-150, Income and Expense
Declaration, or form FL-155, Financial Statement (Simplified).
(2 Property Gontrot
a. (1 Lagtee to the order requested.
b. J Ido not agree to the order requested, (1 but I would agree to:
(Specify your reasons in item 25, page 5, of this form.)
@0 Debt Payment
a, (1 Tagreeto the order
b. [) Idonotagree to the order requested, C1 butI would agree to:
(Specify your reasons in item 25, page 5, of this form.)
©) Property Restraint
a. C1) lagree to the order requested,
b. (1 Ido not agree to the order requested, (but I would agree to:
(Spectfy your reasons in item 25, page 5, of this form.)
a?)@ Spousal Support
a. CO Lagree to the order requested.
D. Ed Ido not agree to the order requested, 2 but I would agree to:
(Specify your reasons in item a5, page 5, of this. form.)
n,
Whether or not you agree, you must fill out, serve, and file form FL-150, Income and Expense Declaratio
DV-120, Page 3 of8
‘Revised
Say 1, 2010 Response to Request for Domestic Violence
Restraining Order >
{Domestic Violence Prevention)
Case Number:
191008384
@ OR ghts to Mobile Device and Wireless Phone Account
(0D fagresto the order requested.
a
d. (] Ido not agree to the order requested, {C1 but 1 would agres to:
(Specify your reasons in item 25, page 5, of this form.)
Gi Insurance
a. C) Lagree
to the order requested,
‘. C Ido not agree to the order requested, oO but L would agree to:
(Specify your reasons in item 25, page 5, of this form.)
0) fH Lawyer's Fees and Costs
a, OF Lagres to the order requested.
b. [Ido not agree to the order requested, (1 but I would agree to:
(Specify your reasons in item 25, page 5, of this form.)
©. (8 J request the court to order payment of my lawyer’s fees and costs,
Whether or not you agree, you must fill out, serve, and file form FL-150, Income and Expense Declaration.
@ 0 Payments for Costs and Services
a, C1 Lagreeto the order requested.
b. [Ido not agree to the order requested, 1] but I would agree to:
reasons in ttem 25, page 5, of this form.)
your ify
(Spec
@ @ Batterer Intervention Program
a, (1 agree to the order requested.
b. I do not agree to the order requested, 1 but I would agres to:
(Specify your reasong tn item 25, page 5, of this form.)
@ oO Other Orders (sce item 22 on form DV-100)
a. DD agree to the order requested,
b. [1] Ido not agree to the order requested, (2 but! would agree to:
(Specify your reasons in item 25, page 5, of this form.)
@)
0 Ow t-of-Pocket Expenses
Task the court to order payment of my out-of-pocket expenses because the temporary restraining order was
issued without enough supporting facts, The expenses are;
ttem: Amount: $ Item: Amount$
You must fill out, serve, and file form FL-150, iacome and Expense Dectaration.
aa) iy PRC e ees leg
DV+120, Page 4 ofS
Raviad
July 1, 2008 Response to Request for Domestic Violence
Restraining Order >
{Domestic Violence Prevention)
Case Number:
19D008384
@8) Reasons | Do Not Agree to the Orders Requested
Explain your answers to cach of the orders requested (give specific facts and reasons):
(4) Check here if there ts not enough space below for your answer. Put your complete answer on an attached sheet
of paper and write, “DV-120, Reasons I Do Not Agreo” as atitle.
See attached Declaraton.
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I declare under penalty of perjury under the laws of the State of California
that the information above is true and correct.
Date: 1VEV/19
Mohammed Tahir Farukhi
Type or print your name Sign your nan
Date: LU /H/19
3 ‘behl D.
Lawyer's name, if you have one Lawyer's3;
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Revieed
Wuly 7, 2016 Response to Request for Domestic Violence DV-420, Page
5 ofS
Restraining Order
(Domestic Violence Prevention)
In re Marriage of Farukhi and Altaf
Orange County Superior Court Case No.
‘Attachment to Petitioner’s DV¥-120
1, MOHAMMED TAHIR FARUKHI, declare:
1 Tam the Petitioner (hereinafter referred to as Father or Husband or Petitioner) in the
above-referenced matter and am well acquainted with the facts stated herein. I offer my
Declaration in lieu of personal testimony pursuant to §§ 2009 and 2015.5 of the California
Code of Civil Procedure; Rule 1225 of California Rules of Court. The facts stated herein are
within my own personal knowledge and I further affirmatively state that if called upon to
10 testify, I could and would competently testify to the facts stated herein.
li INITIAL FACTS:
12 1 Wife filed a TRO in Chatsworth Court. However, said TRO was dismissed on
13 November 7, 2019, due to the Dissolution being filed in Orange County prior to Wife
14 filing the TRO.
i5 Husband has never hit or been violent towards Wife or minor child. However, Wife has
16 been violent towards Husband many times in the presence of minor child and Wife has
17 at two times aggressively shaken minor child in the middle of the night when minor
18 child would not sleep.
19 This request for TRO all started when Father asked Wife to sign a Postmarital
20 Agreement. The Wife got very upset that the Husband/Father wanted her to sign and
24 she took the child and left Orange County, where Father, Mother and minor child
22 reside, without notice or permission from Father.
23 Father was unaware of the whereabouts of the minor child and Wife for several hours.
24 The Postmartial Agreement was created because Husband did not trust Wife. This was
25 based upon over 4 years of Wife’s lies when she continuously told her family, Husband,
26 his family and the community that she was a medical student at USC Medical School
27 and was graduating. See below for more details. Wife even signed her email as being a
28 doctor. A true and correct copy of her emails referencing this farce is attached hereto as
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DECLARATION OF PETITIONER
Exhibit “A”, Further Wife forged documents with the Dean of the Medical School’s
signature to further commit fraud on the family as to her claim that she was attending
medical school.
A few hours after Wife absconded with the child, Father learned from Wife’s parents
that Mother had taken the child to her parent’s home in Castaic, California. The next
morning, on October 11; 2019, Father called Wife’s mother and told her that he was
going to come and pick up his wife and child. It was agreed that he was coming to pick
them up. The same night, Father confirmed with Wife’s mother that Father was coming
to Castaic to pickup his wife and child. Wife’s mother agreed that Father can do so.
10 7 On October 11, 2019, Father went to Mother’s parent’s home to pick up Wife and child.
11 When Father picked up minor child from the bed to take Wife and child home, Wife’s
12 father immediately, with no provocation by Husband, called the police. Wife and her
13 parents confronted Father at the home when Wife refused to go home with Father, and
14 Father wanted to take the child home because child’s normal routine is at Father’s
15 family home. The Father, while carrying minor child, was physically pushed and
16 shoved by Wife’s father when Father attempted to safely exit Wife’s parents’ home.
17 Husband never touched or laid a finger on Wife or Wife’s parents. Wife’s brother
18 blocked the exit, thereby preventing Father from leaving Wife’s parents’ home. The
19 police arrived and Father left the family residence.
20 8 During the confrontation, Wife’s Father pushed Husband down the stairs, and he had
21 the minor child in his arms, and Wife claims that the minor child bumped his head.
22 Wife was standing upstairs in the foyer when Husband was walking down the stairs.
23 Wife was also claiming that Husband was trying to abduct the minor child, when in fact
he had equal rights to the child, and he was simply taking the child home. Wife is the
25 one who took child to her parents’ home without Husband’s knowledge or permission.
26 10. Unbeknownst to Father, Mother has signed a TRO in Chatsworth on October 16, 2019,
27 without giving notice to father. Father was not served with the TRO until October 25,
28 2019.
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DECLARATION OF PETITIONER
L1. Mother spoke to Father via telephone on October 16, 2019, in which she claimed that
she did not want to take the child from him. She told Father that she wanted to save the
marriage. The telephone message is available to the court.
12. On October 17, 2019, Wife wanted to meet with Husband for coffee at Starbucks in
Montrose, California. Husband did not meet Wife. Rather, Husband had Wife served
with divorce papers that night.
13. Unbeknownst to Father, on October 18, 2019 Wife came to Father’s home when no one
was home but Wife was not able to enter the home.
14, Despite numerous requests by Husband, Father has not seen the child since October 11,
10 2019 when he went to Wife’s parent home, except for one-hour on November 7, 2019.
11 15. On the date of the hearing on the TRO or November 7, 2019, Father and his family
12 were allowed to see the minor child for one-hour.
13 16. Itis believed that Wife will show a picture of Husband throwing the child up in the air
id in an attempt to claim that Husband put the child’s safety in jeopardy. The true facts
15 are that the parties were at a family photoshoot together when the photographer asked
16 Husband to throw the child up in the air while Wife and Wife’s sister were standing
{7 there. However, see enclosed picture wherein the whole family was present getting
18 family photos done by the professional photographer. A picture of the family on the
19 same day with the same clothes is attached hereto as Exhibit “B”.
20 17. Additionally, at the TRO, Wife gave to Husband as a potential exhibit a text message
21 that she cut and pasted to attempt to place Husband ina false light. I believe
22 Respondent will attempt to use this exhibit again to try to get a restraining order against
23 Husband. Again, another effort by Wife to forge and manipulate documents as noted
24 above and below.
25 18. Due to Wife’s efforts to avoid the post marital agreement by taking the minor child
26 from the Husband for over 4 weeks, by misrepresenting the facts and committing
27 perjury herein, the Husband requests that the court deny her TRO and allow him to have
28 the time he has fost with his son. Father is seeking an ex parte for custody and
3-
DECLARATION OF PETITIONER
visitation orders concurrently.
BACKGROUND
19. MAHERA TARIQ ALTAF (hereinafter referred to as “Respondent” or “Mahera” or
“Wife”) and I married on August 22, 2014, in Los Angeles, California, though we previously
shared a religious wedding ceremony in Mecca, Saudi Arabia on December 29, 2013. We have
me minor child, Mohammed Yahya (“Yahya”) Farukhi, born on April 9, 2018. He is 18
months old. We have been living with my parents in Buena Park, California since March 2015.
‘We lived in an apartment in Los Angeles from September 2014 until March 2015. We
separated on October 10, 2019 after I asked Mahera to sign a Postnuptial Agreement.
10 20. We developed problems in our marriage due to lies and misrepresentations made by the
il Respondent/Wife throughout our marriage and her repeated hostile and violent anger in the
12 presence of our minor child Yahya. I just could not trust her anymore. Throughout our
13 marriage, Respondent told me that she was attending USC Keck School of Medicine (“USC
i4 Medical School”) on a full scholarship, When my family and Respondent’s family went to the
15 USC Medical graduation ceremony in 2016, she did not walk nor did she get her Medical
16 Doctorate diploma. It turns out that she did not go to USC Medical School or any medical
17 school at all. It was all fabricated over a period of more than 4 years, and the fabrication
18 started before Wife met Petitioner. Wife would deceive Petitioner by pretending every day to
19 go to school, events, clinical rotations etc., when in fact she did nothing of the kind. To this
20 day, Petitioner does not know for certain what Respondent was doing during the 4 years of
2k fabrication.
22 21. Wife has an established history of forgery, manufacturing material fabrications and
23 lies without hesitation or consequence. For example, Wife showed Petitioner documents, later
24 discovered to be forged, to prove that she was a Medical Student at USC, These documents
25 included, amongst other things, a letter by Associate Dean Donna Elliott, a Residency Match
26 letter for USC Dermatology and 1098-T tax forms indicating tuition paid. I have copies of
27 these documents. Wife represented on and off social media that she started USC Medical
28 School in 2012 and that she was on a full scholarship at USC for three of the years. She said
4.
DECLARATION OF PETITIONER
that Neurosurgery Internship at Cedars Sinai provided her with a scholarship for her 4" year of
USC Medical School. Her father, Tariq Altaf, verified that he has not been paying tuition for
USC because she’s on a scholarship.
22. When I would question Wife’s veracity as to attending USC Medical School, she
became violent, hostile, would yell and curse at me angrily and be very defensive. She
convinced me to believe my suspicion was wrong. She was angry because I tried to call USC
to determine the truth as to Wife’s enrollment at USC. However, the school refused to give me
an answer due to privacy reasons. I started to doubt myself, believing that Mahera’s
representations were conveyed with such ardent conviction. I tried to put aside my intuition
10 and simply trust her word at her insistence and in order to keep the peace.
11 23. In 2014, Mahera represented she was a 3-year Medical Student at USC and was doing
12 clinical rotations. Although my work was in Orange County, I rented an apartment in Los
13 Angeles in 2014 to accommodate Mahera so that she would be close to USC Medical School
14 and would not have to drive far distances at night. Mahera would claim to go every day to do
15 rotations at hospitals and would not come back to the apartment until next day, claiming that
16 she had night shift or was on call. I had no idea where she was or where she was going on any
17 given day though she always maintained it was school-related.
18 24, During our time living alone in our apartment, Mahera would consistently be violent,
19 hostile and angry towards me. She would curse, hit, push, kick, shove and throw things at me.
20 I never initiated nor responded with violence. We moved from our apartment in Los Angeles
21 to my parents’ house in Buena Park in March 2015 primarily because I was nervous,
22 uncomfortable and fearful for my wellbeing because of Mahera’s violent behaviors and hostile
23 tendencies. I felt that I needed support and perhaps even witnesses to her disturbingly erratic
24 behavior. We sought marital counseling, but the behaviors continued.
25 25. In 2015, Mahera represented that she applied to Dermatology Residency programs in
26 Los Angeles, Orange County, San Diego and Stanford. For most of the residency interview
27 responses, she would email me the Residency Invitation to me, such as from Stanford and UCI.
28 Mahera said that she was on the Student Body and that she received AoA, though I later
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DECLARATION OF PETITIONER
discovered that she created a fabricated letter about her being on the USC Student body and a
forged AoA letter with Associate Dean Donna Eiliott’s signature.
26. On or about May 11, 2016, Mahera told me that Dean Puliafito spoke to her about a
plagiarized article she wrote and that because of that allegation she could not walk with her
graduating class. She then showed me a signed letter by Dean Puliafito with this content, but I
Jater discovered it too was a forged letter. On May 13, 2016, I went to USC with Tariq Altaf for
the campus-wide ceremony. Mahera was wearing the graduation cap and gown and had a USC
Diploma in her hands. The following day, both our families and I went to the USC Medical
School graduation at the Galen Center. Mahera’s name was not in the booklet list of graduates
10 and Mahera did not watk. Mahera was asked by both families what happened, and she again
il grew angry and said that, “I told Tahir I will not be walking because of what Dean Puliafito
12 said and he still wanted to come here to embarrass me.” That night, we had a pre-planned
13 graduation party with family and friends. After the party, both families came to my parents’
14 house in Buena Park to discuss the latest events and Mahera’s anger and violent behavior. It
-
15 was a consensus that we no longer trusted what she was telling us. Both of our parents said the
16 simplest way to solve this was to go to USC and ask if she was a student. Mahera refused to do
7 this because she said, “You should trust me.”
18 27. Mahera went with Tariq Altaf (her father) to USC, without informing Petitioner, to
19 verify she was a student at USC. Tariq Altaf confronted Petitioner in person with documents,
20 later discovered to be fabricated, wherein Tariq Altaf stated that he believed with certainty that
21 his daughter went to USC Medical School and that Petitioner must face consequences.
22 However, I still was not convinced. Therefore, I emailed Associate Dean Donna Elliott and
23 Theresa Cook from the Keck Admissions Office explaining my situation and I provided copies
24 of documents that Mahera provided me. Associate Dean Donna Elliott emailed me saying that
25 Mahera, nor anyone resembling that name, was not a student at Keck or at any USC program
26 and that all those documents were forged.
27 28. After this incident, in 2016, we had another family meeting and Mahera said, “I
28 swear to God I am doing Dermatology Residency and I am doing my first-year of Residency at
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DECLARATION OF PETITIONER
White Memorial Hospital. I did not go to USC Medical School, but I went to another US
medical school.” While Wife alleged to attend Residency, I never saw any salary direct
deposits for a Medical Resident made from White Memorial into our bank account, as she
claimed. After another family meeting, Mahera confessed very angrily and in a hostile manner
that she’s not doing residency and never went to medica! school. Rather than explain what
Mahera was doing for 4 years or why she lied, she angrily blamed her family and me for her
lies.
29. I was committed to our marriage and offered Mahera a second chance in hopes of
that she would stop her dishonesty. We went through counseling, though Mahera would refuse
10 to continue. However, Mahera’s behavior of violence, anger and lying continued after
li counseling. Mahera decided to enroll in South Baylo University in Anaheim for about 2
12 months (an Eastern Medicine school). In 2017, while attending South Baylo University,
13 Mahera told me that she was working at an Acupuncturist office in Buena Park to earn money.
14 I was suspicious if she was working there and when I asked Mahera to verify that she worked
15 there, she would get angry, hit me and curse at me. I went with Mahera to her Acupuncturist
16 office where she claimed to have worked and they had no idea who she was or why she was
17 there. We left and E once again was dismayed. I told her, “I cannot believe you lied to me
18 again.” She was crying hysterically in the car and begging me not to leave her and not to tell
19 both families what happened. She is constantly lying. I do not believe she is capable of telling
20 the truth and this sets a bad example for our son Yahya.
21 30. Mahera decided she wanted to pursue medicine. So, she dropped out of South Baylo
22 and enrolled at American University of Antigua (“AUA”) in the Caribbean for medicine around
23 September 2017. Mahera was at AUA for about 1.5 months, While in Antigua, Mahera found
24 out that she was pregnant. She called me to tell me about the pregnancy. After a discussion, we
25 mutually decided that she should come home and deliver the baby in Orange County. Mahera
26 returned to Buena Park around October 2017.
27 31. Our son, Yahya, was born on April 9, 2018 at Hoag Hospital in Newport Beach, CA.
28 He has lived in Buena Park since his birth, When Yahya was a few months old, Mahera said
-7-
DECLARATION OF PETITIONER
that she wanted to go to work. Petitioner’s father, Fareed Farukhi, used his contacts to get
Mahera a job at Prime Healthcare in Ontario as a Human Resources Assistant. She started off
as per diem working 2 days per week. She eventually worked up to full-time hourly working
40 hours per week until the present. While Mahera was at work every day of the week,
Petitioner’s mom, Asma Farukhi, watched, cooked for and took care of Yahya daily in Buena
Park.
32. On October 2018, Mahera said that she was going to a girl’s trip to Mexico with
Shumaila Panhwar for a weekend and I agreed to watch Yahya. I found out through social
media that Shumaila Panhwar and the girls Mahera claimed to go with were at an event in
10 Orange County, When I asked Mahera where she was, she said she was with a few friends in
li Ensenada. Her passport was at my parents’ home in Buena Park and when I asked her why she
12 is lying to me, she refused to answer where she was or who she was with. She refused to
13 immediately come home to see Yahya. Mahera did not come home until the end of the
14 weekend. When confronted about the incident in person by both families, Mahera was angry
15 and yelling at her father. She was aggressively holding onto Yahya, causing him to be
16 frightened and cry. Respondent’s mom, Asma Farukhi, had to calm Yahya down and take him
17 away from Mahera’s yelling.
18 33. On September 5, 2019, Mahera told me that she was taking Yahya on a play date at the
19 park after work with her friends Maliha Makki and Sitara Rashid. When she claimed to be on
20 the play date at the park, I saw that Maliha Makki and Sitara Rashid posted on social media that
21 they were at a religious gathering called a halaga at the same time Mahera claimed to be with
22 them at the park. Mahera did not tell me where she took Yahya or who she was with. She
23 refused to answer got angry, violent and hostile at me in front of Yahya for being suspicious.
34, At times during the middle of the night, Mahera has aggressively shaken Yahya
25 when he was crying, saying “What is wrong with you, why won’t you sleep.” Mahera has
26 endangered the safety of Yahya by taking Yahya in the car multiple times without properly
27 buckling him in his car seat or without the car seat base in the car.
28
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DECLARATION OF PETITIONER
35. On October 2, 2019, I asked Mahera to sign a postnuptial agreement because she is
very irresponsible at managing her finances and I didn’t trust her to take care of Yahya’s future
finances. Mahera refused to sign the agreement. I did not threaten nor coerce her, but I was
insistent upon her cooperation because of her history of lying.
36. On October 10, 2019, Mahera got extremely angry when I again asked her to sign the
postnuptial agreement and thereafter, she took our child, Yahya to her parent’s home in
Castaic, California without my knowledge or consent. She refused to answer my
communications asking where Yahya was, when I saw that Yahya had not come home to
Buena Park.
10 37. On October 11, 2019 morning, I first called Mahera’s mother, Sufia Altaf, and
li received her permission to come to their home with the explicitly stated purpose of picking up
12 Mahera and Yahya to bring them to Buena Park. Mahera did not respond to my texts. I called
i3 Sufia Altaf around 9:30 pm informing her that Iam on my way to pick up Mahera and Yahya
14 and she invited me to come over. I arrived at Wife’s parent’s home around 11:00 or 11:30 pm.
15 I called Sufia Altaf to ask her to open the gate to their property and she opened the gate. I
16 walked to the front door of the house and Sufia Altaf opened the door. Tariq Altaf greeted me
17 at the door, and we exchanged pleasantries. I then saw Mahera and asked her how she was. I
18 then asked if she was ready to leave to go home. It was at that moment Mahera started yelling
19 at me and going on a long rant, including saying that the marriage is done. I told Mahera that
20 we can discuss this private matter in the morning between husband and wife. Mahera pointed
al fo the room where Yahya was. I told Mahera let’s get ready and go and she said she is not
22 going to leave with me. I then went into the room where Yahya was sleeping and picked him
23 up. There was approximately 10 to 15 minutes from when I entered inside Mahera’s parents’
24 home to me going to pick up Yahya. The moment I picked up Yahya, Mahera yelled “Dad call
25 the cops!” I walked in the hallway from the bedroom and Tariq stepped in front of me and said,
26 “Tahir I am not going to let you take him.” I said I’m here to pick up Mahera and Yahya. Tariq
27 then picked up the phone and cailed the police. Sufia Altaf requested that everyone sit down
28 and talk. [complied and sat down on the couch. I gave Yahya to Mahera because he was
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DECLARATION OF PETITIONER
crying from being woken up. During this time, Mahera refused to sit down and was yelling at
me while she was holding Yahya and he started crying again. Then Yahya reached for me and I
picked him up. Mahera was adamant that she was not going home with me. I told her that she
can come home to Buena Park the next day, and that I would take Yahya because his routine is
in Buena Park and he has a Gymboree class in the morning in Cypress. Every time I tried
walking to the door while holding Yahya, Tariq Altaf shoved and pushed me and Yahya back,
while Mahera’s brother, Harris Altaf, was blocking the door. I tried to reach for the door
handle and Tariq Altaf jammed my previously dislocated finger into the door. Sufia Altaf
asked Tariq Altaf to move from the door and Tariq Altaf shoved Sufia Altaf to the side. While
10 I was holding Yahya, I tried walking down the stairs towards another exit and Tariq Altaf
11 pushed me down the stairs, causing me to slip, and rushed past me to block me at the base of
12 the stairs. Mahera yelled that Yahya hit his head on a frame but I did not see nor hear Yahya
13 hitting his head, nor was there any bruising or swelling that I could see or feel. Sufia Altaf and
14 Wife then asked me to spend the night at Mahera’s parents house, but I refused because I did
15 not feel safe at their house. We were standing upstairs in the foyer and dining room when the
16 police came. They asked me to give Yahya to Sufia while they talked to me and Mahera. They
\7 said that the family is being emotional and suggested that I come back the next day. They did
18 not demand that I leave. I told them how Tariq Altaf assaulted and committed battery upon me
19 and how Harris Altaf blocked the door. They asked if I wanted to press charges against Tariq
20 Altaf, I said no. I left around 1:00 am.
21 38. Throughout this whole evening, I never once touched Tariq Altaf, Harris Altaf, Sufia
22 Altaf or Mahera, I never yelled at anyone nor I did not hurt Yahya in any way. The police did
23 not say that Yahya was hurt in any way or that I was abducting Yahya. The police said there
was no reason to take a police report
39. On October i1, 2019, Mahera said she knows better than Yahya’s Pediatrician Steven
26 Abelowitz and doesn’t care about what the pediatrician says regarding Yahya’s health
27 recommendations. On October 10, 2019 the pediatrician said Yahya should not drink milk at
28 night. When J saw Yahya on the October 11, 2019 night, he was sleeping with a milk bottle in
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DECLARATION OF PETITIONER
his mouth that Mahera gave him. Refusing to listen to the medical advice of Yahya’s
pediatrician is not in the best interest of the child.
40. From October 10, 2019, to the present, Mahera has stopped me from seeing and/or
being with our son. Around 8:30 pm on October 16, 2019, after Mahera sought her Temporary
Restraining Order and 5 days after the events at her parents’ house, Mahera called me in a calm
manner to say that she does not want to prevent me from seeing “her child”, but the only way
that I could see him is at her parents’ home and with her supervising. She stated that her son
needs his mother. I told her that after October 11, 2019, I do not feel safe in her parents’ home
because of the physical abuse by her father towards Yahya and me. I repeatedly asked her to
10 allow me to take our son to my parents’ home and Mahera kept repeating the above. She
lt simply will not agree to let me have our son without her being present and only at a location
12 that she will allow. Our child needs both a Mother and a Father. I have been an active
13 participant in our child's life since birth. It is not in the best interests of Yahya for Mahera to
14 not cooperate since October 10, 2019 io let Yahya see his father. As noted above, Mahera has
15 neglected Yahya while lying about where she is going, what she is doing or whom she is with,
16 leaving me to take care of Yahya. Even after those lies, I did not take Yahya away from
17 Mahera.
18 41. would never stop Mahera from seeing or being with our son. It is my opinion that
19 her behavior now has reached that threshold and will negatively affect our son’s wellbeing.
20 Mahera did not support nor facilitate me to see Yahya and her family ignored alt my requests to
21 meet with Yahya. There are multiple texts to prove this.
22 42. Unbeknownst to me, on October 17, 2019, after Wife has sought and received the
23 restraining order, around 6:30 pm I texted Mahera asking if she would like to meet to talk about
our relationship. Mahera responded via text agreeing to meet at 8:30 pm and provided an
25 address of a Starbucks in Montrose, CA. I did not go to that Starbucks but Mahera arrived with
26 Sufia Altaf around 8:45.pm and it was then that I had Mahera served with divorce papers.
27 43, On October 18, 2019 (the day after Respondent got the TRO) at around 4:00 pm,
28 Mahera and Sufia Altaf came to my parents’ house in Buena Park, where Mahera, Yahya and I
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DECLARATION OF PETITIONER
live, without notice to myself nor my parents, intending to take Mahera’s and Yahya’s
belongings. They were able to open the garage but not enter the house because the house was
locked. They called the police claiming that my family was blocking them from entering, but
nobody was home. Fareed Farukhi, my father who lives in the house, went to the house and
videotaped them at the house from his car on the street. Sufia Altaf said on the video that they
wanted to get Yahya’s stuff. When the police arrived, my father explained the situation and
the police asked Wife and her mother to leave and speak to Tahir’s attorney. Mahera took her
shoes from the garage.
44, From October 10, 2019 until October 16, 2019, I sent polite texts asking her to let
10 Yahya be with me, but she denied all of the requests.
i 45, Based upon Mahera filing a false and unsubstantiated TRO, I believe that it is our
12 child’s best interests that I have the primary custody of our son.
13 46. Tam willing to share our son with Mahera, but if the custody is given to the
14 Respondent, I don’t think that she would be willing to share our son with me.
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DECLARATION OF PETITIONER
REQUESTED RELIEF
47. respectfully request the following:
a. Joint legal with primary physical custody of our son to me;
b, Respondent to have alternating weekend visitation from Friday after I get off
work until Sunday evening at 5:00 p.m. and
¢c. Any other relief that the Court deems proper.
/ I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct, and this Declaration was executed on November 11 , 2019 in
Costa Mesa, California.
10 See Signature attached to DV-120
i MOHAMMED TAHIR FARUKHE,
Petitioner
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DECLARATION OF PETITIONER
EXHIBIT A
Ao HEE
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ces” May 11, 2016
Congratulations, Mahera Farukfu!
of
You have been recognized by the Keck, School of Medicine of ' The University
Keck,
Southern California for being a member of the KecR Honors Society at the
the
School of Medicine. On Commencement Day, you will be recognized by wearing
“University of Southern California Honors Medal”.
Please report to the Office of Student Affairs, Rm STOL after the Class Breakfast
on Thursday, May 12, 2016 to pick up your University of Southern California
Honors Medal.
Wishing you all the best!
F ue on, Trojan.
+ ¥
Donna D, Elliott, M.D., Ed.D.
Associate Dean for Student Affairs at the Keck School of Medicine
EXHIBIT B
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Response to Request for Domestic Violence Restraining Order x “E it CED na BUPERIOR COURT OF Name of Person Asking for Protection: COUNTY LAMOREAUX JUSTICE CENTER (See form DV-100, ttem (): Mahera Altaf NOV 12 2019 @® Your Name: (BAVID H, YAMASA the Court Clerk ofK!, Mohammed Tahir Farukhi Your lawyerin this case (tfyou have one): BY____-V. DQ. DEPUTY ‘Name: sherry Graybehl D'Antony, CFLS_ State Bar No.: 136082 Firm Name: an Aa eaiyer JF WAS Care, give jour lawyers Address (Ifyou Fift in court name and street address: ‘Supertor Court of California, County of information. Ifyou do not heve a lawyer and want to keep your home range address private, give a different matling address instead, You do not 341 The City Drive South have to give your telephone, fax, or e-mail): Orange, CA 92868-3205 Address: 695 Town Center Dr., Suite 700, COSTA MESA, CA 92626 Lamoreaux Justice Center City: COSTA MESA State: CA Zip: 92626 Telephone: 734-384-6500 ~Faxc: 714-384-6801 Fit in cage number: E-Mall Address: Case Number: Use this form to respond to the Request for Domestic 191008384 Violence Restraining Order (form DV-100). . Fill out this form and take it to the court clerk. . Have the person in served by mail with a copy of this form and any attached pages. (See form DV-250, Proof of Service by Mail) DV-120-INFO, How Can I Respond to a Request for Domestic Violence For more information, read form Restratning Order? This fonn is fora response to a restraining order request. For more information about how to request your own and form DV-120-INFO DYV-505-IN restraining ordor, read form if I need a FO(see the section called “What restraining order against the other person?” . ‘The judge will consider your Response at the hearing. Write your hearing date, time, and place from form DV-109, Notice of Court Hearing, item (@)here: aring}> Date: HAW Time: $:30.a.m. Da Dept.: ——Room: You must obey the orders in form DY-110, Temporary Restraining Order, wntil the hearing, At the hearing, the courtmay make restraining orders against you that could last up to five years and could be renewed. @a Relationship toPerson Asking for Protection am Tagree to the relationshiplisted in i item (4) on form DV-100. b. O Ido not agree that the other party an dU have or had the relationship listed in itom (4) on form DV-100 because: @)B Other Protected People a, (1) Tagree to the order requested, b. I do not agree to the order requested, (1 but I would agree to: (Specify your reasons in item 25, page 5, of this form.) war,courts 0a.gor Response to Request for Domestic Viclence DV-120, Page{ ofB Revised duty 4, 2010, Mandakcry Form Code, § 6200 at seq Restraining Order (Domestic Violence Prevention} ‘ester Do & Porn Biers [somesee . &] Personal Conduct Orders a. C1 J agree to the orders requested, ‘b. HD Ido not agree to the onder requested, (J but F would agree to: (Specify your reasons in item 25, page 5, of this form.) ® Stay-Away Order a, [1 agree to the order requested, b. EE Ido not agree to the order requested, 1 but I would agree to: (Specify your reasons in ttem 25, page 5, of this form.) CO Move-Out Order a. C1 Tagres to the order requested. b. C1 Ido not agree to the order requested, (0 but I would agree to: (Specify your reasons in item 25, page 5, of this form.) Guns or Other Firearms or Ammunition Af you were served with form DV-110, Texsporary Restraining Order, you must turn in any guns or firearms in your immediate possession or control. You must file a receipt with the court from a law enforcement agency or a licensed gun dealer within 48 hours after you received form DV-110. a, &) [donot own or have any guns or firearms. b.O I ask for an exemption from the firearms prohibition under Family Code section 6389(h) because Gpecify): ©. [) Ihave tumed in my guns and firearms to law enforcement or sold them to, or stored them with, a licensed gun dealer. A copy of the receipt showing that I turned in, sold, or stored my firearms (check all that apply): © isattached =] has already been filed with the court. @® w Record Unlawful Communications a. (1 [agree to the order requested. b. EE) I donot agree to the order requested, but I would agree to: Bach be able to record the conversation of tho other party. (Specify your reasons in tem 25, page 5, of this form.) @) 0 Care of Animals a. 1 J agree to the ordor requested, b.D Ido not agres to the order requested, C1 but I would agree to: (Specify your reasons in item 25, page 5, of this form.) Revinad Jity 1, 2018 BV-120, Page 2 0f5 Response to Request for Domestic Violence > Restraining Order (Domestic Violence Prevention) [Case Number: 19008384 @® Child Custody and Visitation . a, C1 Tagree to the order requested. b. [M1 Ido not agree to the order requested. (Specify your reasons in item 25, page 5, of this form) c. CI Tam aot the parent of the child listed in form DY-105, Request for Child Custody and Visitation Orders, d, (% ask for the following custody order (spec({)); That have joint legal custody of our son, end that Lhave. . Wife shall have ing weekends from Fri i Sui te ol Tdo not agree to the orders requested to limit the child’s travel as listed in form DV-108, ef Request for Order: No Travel with Children, You and the other parent may tell the court that you want to be legal parents of the children (use form DV-180, Agreement and Judgment of Parentage). (3)@ Child Support (Check ail that apply): a, (0 Lagroe to the order requested. ‘b. [B)Ido not agree to the order requested. (Specify your reasons in item 25, page 5, of this form.) @, C1 Lagres to pay guideline child support. Whether or not you agree to pay support, you must fill out, serve, and file form FL-150, Income and Expense Declaration, or form FL-155, Financial Statement (Simplified). (2 Property Gontrot a. (1 Lagtee to the order requested. b. J Ido not agree to the order requested, (1 but I would agree to: (Specify your reasons in item 25, page 5, of this form.) @0 Debt Payment a, (1 Tagreeto the order b. [) Idonotagree to the order requested, C1 butI would agree to: (Specify your reasons in item 25, page 5, of this form.) ©) Property Restraint a. C1) lagree to the order requested, b. (1 Ido not agree to the order requested, (but I would agree to: (Spectfy your reasons in item 25, page 5, of this form.) a?)@ Spousal Support a. CO Lagree to the order requested. D. Ed Ido not agree to the order requested, 2 but I would agree to: (Specify your reasons in item a5, page 5, of this. form.) n, Whether or not you agree, you must fill out, serve, and file form FL-150, Income and Expense Declaratio DV-120, Page 3 of8 ‘Revised Say 1, 2010 Response to Request for Domestic Violence Restraining Order > {Domestic Violence Prevention) Case Number: 191008384 @ OR ghts to Mobile Device and Wireless Phone Account (0D fagresto the order requested. a d. (] Ido not agree to the order requested, {C1 but 1 would agres to: (Specify your reasons in item 25, page 5, of this form.) Gi Insurance a. C) Lagree to the order requested, ‘. C Ido not agree to the order requested, oO but L would agree to: (Specify your reasons in item 25, page 5, of this form.) 0) fH Lawyer's Fees and Costs a, OF Lagres to the order requested. b. [Ido not agree to the order requested, (1 but I would agree to: (Specify your reasons in item 25, page 5, of this form.) ©. (8 J request the court to order payment of my lawyer’s fees and costs, Whether or not you agree, you must fill out, serve, and file form FL-150, Income and Expense Declaration. @ 0 Payments for Costs and Services a, C1 Lagreeto the order requested. b. [Ido not agree to the order requested, 1] but I would agree to: reasons in ttem 25, page 5, of this form.) your ify (Spec @ @ Batterer Intervention Program a, (1 agree to the order requested. b. I do not agree to the order requested, 1 but I would agres to: (Specify your reasong tn item 25, page 5, of this form.) @ oO Other Orders (sce item 22 on form DV-100) a. DD agree to the order requested, b. [1] Ido not agree to the order requested, (2 but! would agree to: (Specify your reasons in item 25, page 5, of this form.) @) 0 Ow t-of-Pocket Expenses Task the court to order payment of my out-of-pocket expenses because the temporary restraining order was issued without enough supporting facts, The expenses are; ttem: Amount: $ Item: Amount$ You must fill out, serve, and file form FL-150, iacome and Expense Dectaration. aa) iy PRC e ees leg DV+120, Page 4 ofS Raviad July 1, 2008 Response to Request for Domestic Violence Restraining Order > {Domestic Violence Prevention) Case Number: 19D008384 @8) Reasons | Do Not Agree to the Orders Requested Explain your answers to cach of the orders requested (give specific facts and reasons): (4) Check here if there ts not enough space below for your answer. Put your complete answer on an attached sheet of paper and write, “DV-120, Reasons I Do Not Agreo” as atitle. See attached Declaraton. Late. gp 4a [tna Lipa ZA, rif ) perf. £ hu L L WL Pitgudice ee Ds The aalitt FLTehed r L ) Phiaey EEE B03 = — Aguada pa Ey a ALciae Zo eer Mi 7 ft Number of pages attached to this form, if any: w I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Date: 1VEV/19 Mohammed Tahir Farukhi Type or print your name Sign your nan Date: LU /H/19 3 ‘behl D. Lawyer's name, if you have one Lawyer's3; ellMi Revieed Wuly 7, 2016 Response to Request for Domestic Violence DV-420, Page 5 ofS Restraining Order (Domestic Violence Prevention) In re Marriage of Farukhi and Altaf Orange County Superior Court Case No. ‘Attachment to Petitioner’s DV¥-120 1, MOHAMMED TAHIR FARUKHI, declare: 1 Tam the Petitioner (hereinafter referred to as Father or Husband or Petitioner) in the above-referenced matter and am well acquainted with the facts stated herein. I offer my Declaration in lieu of personal testimony pursuant to §§ 2009 and 2015.5 of the California Code of Civil Procedure; Rule 1225 of California Rules of Court. The facts stated herein are within my own personal knowledge and I further affirmatively state that if called upon to 10 testify, I could and would competently testify to the facts stated herein. li INITIAL FACTS: 12 1 Wife filed a TRO in Chatsworth Court. However, said TRO was dismissed on 13 November 7, 2019, due to the Dissolution being filed in Orange County prior to Wife 14 filing the TRO. i5 Husband has never hit or been violent towards Wife or minor child. However, Wife has 16 been violent towards Husband many times in the presence of minor child and Wife has 17 at two times aggressively shaken minor child in the middle of the night when minor 18 child would not sleep. 19 This request for TRO all started when Father asked Wife to sign a Postmarital 20 Agreement. The Wife got very upset that the Husband/Father wanted her to sign and 24 she took the child and left Orange County, where Father, Mother and minor child 22 reside, without notice or permission from Father. 23 Father was unaware of the whereabouts of the minor child and Wife for several hours. 24 The Postmartial Agreement was created because Husband did not trust Wife. This was 25 based upon over 4 years of Wife’s lies when she continuously told her family, Husband, 26 his family and the community that she was a medical student at USC Medical School 27 and was graduating. See below for more details. Wife even signed her email as being a 28 doctor. A true and correct copy of her emails referencing this farce is attached hereto as -1- DECLARATION OF PETITIONER Exhibit “A”, Further Wife forged documents with the Dean of the Medical School’s signature to further commit fraud on the family as to her claim that she was attending medical school. A few hours after Wife absconded with the child, Father learned from Wife’s parents that Mother had taken the child to her parent’s home in Castaic, California. The next morning, on October 11; 2019, Father called Wife’s mother and told her that he was going to come and pick up his wife and child. It was agreed that he was coming to pick them up. The same night, Father confirmed with Wife’s mother that Father was coming to Castaic to pickup his wife and child. Wife’s mother agreed that Father can do so. 10 7 On October 11, 2019, Father went to Mother’s parent’s home to pick up Wife and child. 11 When Father picked up minor child from the bed to take Wife and child home, Wife’s 12 father immediately, with no provocation by Husband, called the police. Wife and her 13 parents confronted Father at the home when Wife refused to go home with Father, and 14 Father wanted to take the child home because child’s normal routine is at Father’s 15 family home. The Father, while carrying minor child, was physically pushed and 16 shoved by Wife’s father when Father attempted to safely exit Wife’s parents’ home. 17 Husband never touched or laid a finger on Wife or Wife’s parents. Wife’s brother 18 blocked the exit, thereby preventing Father from leaving Wife’s parents’ home. The 19 police arrived and Father left the family residence. 20 8 During the confrontation, Wife’s Father pushed Husband down the stairs, and he had 21 the minor child in his arms, and Wife claims that the minor child bumped his head. 22 Wife was standing upstairs in the foyer when Husband was walking down the stairs. 23 Wife was also claiming that Husband was trying to abduct the minor child, when in fact he had equal rights to the child, and he was simply taking the child home. Wife is the 25 one who took child to her parents’ home without Husband’s knowledge or permission. 26 10. Unbeknownst to Father, Mother has signed a TRO in Chatsworth on October 16, 2019, 27 without giving notice to father. Father was not served with the TRO until October 25, 28 2019. -2- DECLARATION OF PETITIONER L1. Mother spoke to Father via telephone on October 16, 2019, in which she claimed that she did not want to take the child from him. She told Father that she wanted to save the marriage. The telephone message is available to the court. 12. On October 17, 2019, Wife wanted to meet with Husband for coffee at Starbucks in Montrose, California. Husband did not meet Wife. Rather, Husband had Wife served with divorce papers that night. 13. Unbeknownst to Father, on October 18, 2019 Wife came to Father’s home when no one was home but Wife was not able to enter the home. 14, Despite numerous requests by Husband, Father has not seen the child since October 11, 10 2019 when he went to Wife’s parent home, except for one-hour on November 7, 2019. 11 15. On the date of the hearing on the TRO or November 7, 2019, Father and his family 12 were allowed to see the minor child for one-hour. 13 16. Itis believed that Wife will show a picture of Husband throwing the child up in the air id in an attempt to claim that Husband put the child’s safety in jeopardy. The true facts 15 are that the parties were at a family photoshoot together when the photographer asked 16 Husband to throw the child up in the air while Wife and Wife’s sister were standing {7 there. However, see enclosed picture wherein the whole family was present getting 18 family photos done by the professional photographer. A picture of the family on the 19 same day with the same clothes is attached hereto as Exhibit “B”. 20 17. Additionally, at the TRO, Wife gave to Husband as a potential exhibit a text message 21 that she cut and pasted to attempt to place Husband ina false light. I believe 22 Respondent will attempt to use this exhibit again to try to get a restraining order against 23 Husband. Again, another effort by Wife to forge and manipulate documents as noted 24 above and below. 25 18. Due to Wife’s efforts to avoid the post marital agreement by taking the minor child 26 from the Husband for over 4 weeks, by misrepresenting the facts and committing 27 perjury herein, the Husband requests that the court deny her TRO and allow him to have 28 the time he has fost with his son. Father is seeking an ex parte for custody and 3- DECLARATION OF PETITIONER visitation orders concurrently. BACKGROUND 19. MAHERA TARIQ ALTAF (hereinafter referred to as “Respondent” or “Mahera” or “Wife”) and I married on August 22, 2014, in Los Angeles, California, though we previously shared a religious wedding ceremony in Mecca, Saudi Arabia on December 29, 2013. We have me minor child, Mohammed Yahya (“Yahya”) Farukhi, born on April 9, 2018. He is 18 months old. We have been living with my parents in Buena Park, California since March 2015. ‘We lived in an apartment in Los Angeles from September 2014 until March 2015. We separated on October 10, 2019 after I asked Mahera to sign a Postnuptial Agreement. 10 20. We developed problems in our marriage due to lies and misrepresentations made by the il Respondent/Wife throughout our marriage and her repeated hostile and violent anger in the 12 presence of our minor child Yahya. I just could not trust her anymore. Throughout our 13 marriage, Respondent told me that she was attending USC Keck School of Medicine (“USC i4 Medical School”) on a full scholarship, When my family and Respondent’s family went to the 15 USC Medical graduation ceremony in 2016, she did not walk nor did she get her Medical 16 Doctorate diploma. It turns out that she did not go to USC Medical School or any medical 17 school at all. It was all fabricated over a period of more than 4 years, and the fabrication 18 started before Wife met Petitioner. Wife would deceive Petitioner by pretending every day to 19 go to school, events, clinical rotations etc., when in fact she did nothing of the kind. To this 20 day, Petitioner does not know for certain what Respondent was doing during the 4 years of 2k fabrication. 22 21. Wife has an established history of forgery, manufacturing material fabrications and 23 lies without hesitation or consequence. For example, Wife showed Petitioner documents, later 24 discovered to be forged, to prove that she was a Medical Student at USC, These documents 25 included, amongst other things, a letter by Associate Dean Donna Elliott, a Residency Match 26 letter for USC Dermatology and 1098-T tax forms indicating tuition paid. I have copies of 27 these documents. Wife represented on and off social media that she started USC Medical 28 School in 2012 and that she was on a full scholarship at USC for three of the years. She said 4. DECLARATION OF PETITIONER that Neurosurgery Internship at Cedars Sinai provided her with a scholarship for her 4" year of USC Medical School. Her father, Tariq Altaf, verified that he has not been paying tuition for USC because she’s on a scholarship. 22. When I would question Wife’s veracity as to attending USC Medical School, she became violent, hostile, would yell and curse at me angrily and be very defensive. She convinced me to believe my suspicion was wrong. She was angry because I tried to call USC to determine the truth as to Wife’s enrollment at USC. However, the school refused to give me an answer due to privacy reasons. I started to doubt myself, believing that Mahera’s representations were conveyed with such ardent conviction. I tried to put aside my intuition 10 and simply trust her word at her insistence and in order to keep the peace. 11 23. In 2014, Mahera represented she was a 3-year Medical Student at USC and was doing 12 clinical rotations. Although my work was in Orange County, I rented an apartment in Los 13 Angeles in 2014 to accommodate Mahera so that she would be close to USC Medical School 14 and would not have to drive far distances at night. Mahera would claim to go every day to do 15 rotations at hospitals and would not come back to the apartment until next day, claiming that 16 she had night shift or was on call. I had no idea where she was or where she was going on any 17 given day though she always maintained it was school-related. 18 24, During our time living alone in our apartment, Mahera would consistently be violent, 19 hostile and angry towards me. She would curse, hit, push, kick, shove and throw things at me. 20 I never initiated nor responded with violence. We moved from our apartment in Los Angeles 21 to my parents’ house in Buena Park in March 2015 primarily because I was nervous, 22 uncomfortable and fearful for my wellbeing because of Mahera’s violent behaviors and hostile 23 tendencies. I felt that I needed support and perhaps even witnesses to her disturbingly erratic 24 behavior. We sought marital counseling, but the behaviors continued. 25 25. In 2015, Mahera represented that she applied to Dermatology Residency programs in 26 Los Angeles, Orange County, San Diego and Stanford. For most of the residency interview 27 responses, she would email me the Residency Invitation to me, such as from Stanford and UCI. 28 Mahera said that she was on the Student Body and that she received AoA, though I later -5- DECLARATION OF PETITIONER discovered that she created a fabricated letter about her being on the USC Student body and a forged AoA letter with Associate Dean Donna Eiliott’s signature. 26. On or about May 11, 2016, Mahera told me that Dean Puliafito spoke to her about a plagiarized article she wrote and that because of that allegation she could not walk with her graduating class. She then showed me a signed letter by Dean Puliafito with this content, but I Jater discovered it too was a forged letter. On May 13, 2016, I went to USC with Tariq Altaf for the campus-wide ceremony. Mahera was wearing the graduation cap and gown and had a USC Diploma in her hands. The following day, both our families and I went to the USC Medical School graduation at the Galen Center. Mahera’s name was not in the booklet list of graduates 10 and Mahera did not watk. Mahera was asked by both families what happened, and she again il grew angry and said that, “I told Tahir I will not be walking because of what Dean Puliafito 12 said and he still wanted to come here to embarrass me.” That night, we had a pre-planned 13 graduation party with family and friends. After the party, both families came to my parents’ 14 house in Buena Park to discuss the latest events and Mahera’s anger and violent behavior. It - 15 was a consensus that we no longer trusted what she was telling us. Both of our parents said the 16 simplest way to solve this was to go to USC and ask if she was a student. Mahera refused to do 7 this because she said, “You should trust me.” 18 27. Mahera went with Tariq Altaf (her father) to USC, without informing Petitioner, to 19 verify she was a student at USC. Tariq Altaf confronted Petitioner in person with documents, 20 later discovered to be fabricated, wherein Tariq Altaf stated that he believed with certainty that 21 his daughter went to USC Medical School and that Petitioner must face consequences. 22 However, I still was not convinced. Therefore, I emailed Associate Dean Donna Elliott and 23 Theresa Cook from the Keck Admissions Office explaining my situation and I provided copies 24 of documents that Mahera provided me. Associate Dean Donna Elliott emailed me saying that 25 Mahera, nor anyone resembling that name, was not a student at Keck or at any USC program 26 and that all those documents were forged. 27 28. After this incident, in 2016, we had another family meeting and Mahera said, “I 28 swear to God I am doing Dermatology Residency and I am doing my first-year of Residency at -6- DECLARATION OF PETITIONER White Memorial Hospital. I did not go to USC Medical School, but I went to another US medical school.” While Wife alleged to attend Residency, I never saw any salary direct deposits for a Medical Resident made from White Memorial into our bank account, as she claimed. After another family meeting, Mahera confessed very angrily and in a hostile manner that she’s not doing residency and never went to medica! school. Rather than explain what Mahera was doing for 4 years or why she lied, she angrily blamed her family and me for her lies. 29. I was committed to our marriage and offered Mahera a second chance in hopes of that she would stop her dishonesty. We went through counseling, though Mahera would refuse 10 to continue. However, Mahera’s behavior of violence, anger and lying continued after li counseling. Mahera decided to enroll in South Baylo University in Anaheim for about 2 12 months (an Eastern Medicine school). In 2017, while attending South Baylo University, 13 Mahera told me that she was working at an Acupuncturist office in Buena Park to earn money. 14 I was suspicious if she was working there and when I asked Mahera to verify that she worked 15 there, she would get angry, hit me and curse at me. I went with Mahera to her Acupuncturist 16 office where she claimed to have worked and they had no idea who she was or why she was 17 there. We left and E once again was dismayed. I told her, “I cannot believe you lied to me 18 again.” She was crying hysterically in the car and begging me not to leave her and not to tell 19 both families what happened. She is constantly lying. I do not believe she is capable of telling 20 the truth and this sets a bad example for our son Yahya. 21 30. Mahera decided she wanted to pursue medicine. So, she dropped out of South Baylo 22 and enrolled at American University of Antigua (“AUA”) in the Caribbean for medicine around 23 September 2017. Mahera was at AUA for about 1.5 months, While in Antigua, Mahera found 24 out that she was pregnant. She called me to tell me about the pregnancy. After a discussion, we 25 mutually decided that she should come home and deliver the baby in Orange County. Mahera 26 returned to Buena Park around October 2017. 27 31. Our son, Yahya, was born on April 9, 2018 at Hoag Hospital in Newport Beach, CA. 28 He has lived in Buena Park since his birth, When Yahya was a few months old, Mahera said -7- DECLARATION OF PETITIONER that she wanted to go to work. Petitioner’s father, Fareed Farukhi, used his contacts to get Mahera a job at Prime Healthcare in Ontario as a Human Resources Assistant. She started off as per diem working 2 days per week. She eventually worked up to full-time hourly working 40 hours per week until the present. While Mahera was at work every day of the week, Petitioner’s mom, Asma Farukhi, watched, cooked for and took care of Yahya daily in Buena Park. 32. On October 2018, Mahera said that she was going to a girl’s trip to Mexico with Shumaila Panhwar for a weekend and I agreed to watch Yahya. I found out through social media that Shumaila Panhwar and the girls Mahera claimed to go with were at an event in 10 Orange County, When I asked Mahera where she was, she said she was with a few friends in li Ensenada. Her passport was at my parents’ home in Buena Park and when I asked her why she 12 is lying to me, she refused to answer where she was or who she was with. She refused to 13 immediately come home to see Yahya. Mahera did not come home until the end of the 14 weekend. When confronted about the incident in person by both families, Mahera was angry 15 and yelling at her father. She was aggressively holding onto Yahya, causing him to be 16 frightened and cry. Respondent’s mom, Asma Farukhi, had to calm Yahya down and take him 17 away from Mahera’s yelling. 18 33. On September 5, 2019, Mahera told me that she was taking Yahya on a play date at the 19 park after work with her friends Maliha Makki and Sitara Rashid. When she claimed to be on 20 the play date at the park, I saw that Maliha Makki and Sitara Rashid posted on social media that 21 they were at a religious gathering called a halaga at the same time Mahera claimed to be with 22 them at the park. Mahera did not tell me where she took Yahya or who she was with. She 23 refused to answer got angry, violent and hostile at me in front of Yahya for being suspicious. 34, At times during the middle of the night, Mahera has aggressively shaken Yahya 25 when he was crying, saying “What is wrong with you, why won’t you sleep.” Mahera has 26 endangered the safety of Yahya by taking Yahya in the car multiple times without properly 27 buckling him in his car seat or without the car seat base in the car. 28 -8- DECLARATION OF PETITIONER 35. On October 2, 2019, I asked Mahera to sign a postnuptial agreement because she is very irresponsible at managing her finances and I didn’t trust her to take care of Yahya’s future finances. Mahera refused to sign the agreement. I did not threaten nor coerce her, but I was insistent upon her cooperation because of her history of lying. 36. On October 10, 2019, Mahera got extremely angry when I again asked her to sign the postnuptial agreement and thereafter, she took our child, Yahya to her parent’s home in Castaic, California without my knowledge or consent. She refused to answer my communications asking where Yahya was, when I saw that Yahya had not come home to Buena Park. 10 37. On October 11, 2019 morning, I first called Mahera’s mother, Sufia Altaf, and li received her permission to come to their home with the explicitly stated purpose of picking up 12 Mahera and Yahya to bring them to Buena Park. Mahera did not respond to my texts. I called i3 Sufia Altaf around 9:30 pm informing her that Iam on my way to pick up Mahera and Yahya 14 and she invited me to come over. I arrived at Wife’s parent’s home around 11:00 or 11:30 pm. 15 I called Sufia Altaf to ask her to open the gate to their property and she opened the gate. I 16 walked to the front door of the house and Sufia Altaf opened the door. Tariq Altaf greeted me 17 at the door, and we exchanged pleasantries. I then saw Mahera and asked her how she was. I 18 then asked if she was ready to leave to go home. It was at that moment Mahera started yelling 19 at me and going on a long rant, including saying that the marriage is done. I told Mahera that 20 we can discuss this private matter in the morning between husband and wife. Mahera pointed al fo the room where Yahya was. I told Mahera let’s get ready and go and she said she is not 22 going to leave with me. I then went into the room where Yahya was sleeping and picked him 23 up. There was approximately 10 to 15 minutes from when I entered inside Mahera’s parents’ 24 home to me going to pick up Yahya. The moment I picked up Yahya, Mahera yelled “Dad call 25 the cops!” I walked in the hallway from the bedroom and Tariq stepped in front of me and said, 26 “Tahir I am not going to let you take him.” I said I’m here to pick up Mahera and Yahya. Tariq 27 then picked up the phone and cailed the police. Sufia Altaf requested that everyone sit down 28 and talk. [complied and sat down on the couch. I gave Yahya to Mahera because he was -9- DECLARATION OF PETITIONER crying from being woken up. During this time, Mahera refused to sit down and was yelling at me while she was holding Yahya and he started crying again. Then Yahya reached for me and I picked him up. Mahera was adamant that she was not going home with me. I told her that she can come home to Buena Park the next day, and that I would take Yahya because his routine is in Buena Park and he has a Gymboree class in the morning in Cypress. Every time I tried walking to the door while holding Yahya, Tariq Altaf shoved and pushed me and Yahya back, while Mahera’s brother, Harris Altaf, was blocking the door. I tried to reach for the door handle and Tariq Altaf jammed my previously dislocated finger into the door. Sufia Altaf asked Tariq Altaf to move from the door and Tariq Altaf shoved Sufia Altaf to the side. While 10 I was holding Yahya, I tried walking down the stairs towards another exit and Tariq Altaf 11 pushed me down the stairs, causing me to slip, and rushed past me to block me at the base of 12 the stairs. Mahera yelled that Yahya hit his head on a frame but I did not see nor hear Yahya 13 hitting his head, nor was there any bruising or swelling that I could see or feel. Sufia Altaf and 14 Wife then asked me to spend the night at Mahera’s parents house, but I refused because I did 15 not feel safe at their house. We were standing upstairs in the foyer and dining room when the 16 police came. They asked me to give Yahya to Sufia while they talked to me and Mahera. They \7 said that the family is being emotional and suggested that I come back the next day. They did 18 not demand that I leave. I told them how Tariq Altaf assaulted and committed battery upon me 19 and how Harris Altaf blocked the door. They asked if I wanted to press charges against Tariq 20 Altaf, I said no. I left around 1:00 am. 21 38. Throughout this whole evening, I never once touched Tariq Altaf, Harris Altaf, Sufia 22 Altaf or Mahera, I never yelled at anyone nor I did not hurt Yahya in any way. The police did 23 not say that Yahya was hurt in any way or that I was abducting Yahya. The police said there was no reason to take a police report 39. On October i1, 2019, Mahera said she knows better than Yahya’s Pediatrician Steven 26 Abelowitz and doesn’t care about what the pediatrician says regarding Yahya’s health 27 recommendations. On October 10, 2019 the pediatrician said Yahya should not drink milk at 28 night. When J saw Yahya on the October 11, 2019 night, he was sleeping with a milk bottle in -10- DECLARATION OF PETITIONER his mouth that Mahera gave him. Refusing to listen to the medical advice of Yahya’s pediatrician is not in the best interest of the child. 40. From October 10, 2019, to the present, Mahera has stopped me from seeing and/or being with our son. Around 8:30 pm on October 16, 2019, after Mahera sought her Temporary Restraining Order and 5 days after the events at her parents’ house, Mahera called me in a calm manner to say that she does not want to prevent me from seeing “her child”, but the only way that I could see him is at her parents’ home and with her supervising. She stated that her son needs his mother. I told her that after October 11, 2019, I do not feel safe in her parents’ home because of the physical abuse by her father towards Yahya and me. I repeatedly asked her to 10 allow me to take our son to my parents’ home and Mahera kept repeating the above. She lt simply will not agree to let me have our son without her being present and only at a location 12 that she will allow. Our child needs both a Mother and a Father. I have been an active 13 participant in our child's life since birth. It is not in the best interests of Yahya for Mahera to 14 not cooperate since October 10, 2019 io let Yahya see his father. As noted above, Mahera has 15 neglected Yahya while lying about where she is going, what she is doing or whom she is with, 16 leaving me to take care of Yahya. Even after those lies, I did not take Yahya away from 17 Mahera. 18 41. would never stop Mahera from seeing or being with our son. It is my opinion that 19 her behavior now has reached that threshold and will negatively affect our son’s wellbeing. 20 Mahera did not support nor facilitate me to see Yahya and her family ignored alt my requests to 21 meet with Yahya. There are multiple texts to prove this. 22 42. Unbeknownst to me, on October 17, 2019, after Wife has sought and received the 23 restraining order, around 6:30 pm I texted Mahera asking if she would like to meet to talk about our relationship. Mahera responded via text agreeing to meet at 8:30 pm and provided an 25 address of a Starbucks in Montrose, CA. I did not go to that Starbucks but Mahera arrived with 26 Sufia Altaf around 8:45.pm and it was then that I had Mahera served with divorce papers. 27 43, On October 18, 2019 (the day after Respondent got the TRO) at around 4:00 pm, 28 Mahera and Sufia Altaf came to my parents’ house in Buena Park, where Mahera, Yahya and I -ll- DECLARATION OF PETITIONER live, without notice to myself nor my parents, intending to take Mahera’s and Yahya’s belongings. They were able to open the garage but not enter the house because the house was locked. They called the police claiming that my family was blocking them from entering, but nobody was home. Fareed Farukhi, my father who lives in the house, went to the house and videotaped them at the house from his car on the street. Sufia Altaf said on the video that they wanted to get Yahya’s stuff. When the police arrived, my father explained the situation and the police asked Wife and her mother to leave and speak to Tahir’s attorney. Mahera took her shoes from the garage. 44, From October 10, 2019 until October 16, 2019, I sent polite texts asking her to let 10 Yahya be with me, but she denied all of the requests. i 45, Based upon Mahera filing a false and unsubstantiated TRO, I believe that it is our 12 child’s best interests that I have the primary custody of our son. 13 46. Tam willing to share our son with Mahera, but if the custody is given to the 14 Respondent, I don’t think that she would be willing to share our son with me. 15 THE REST OF THIS PAGE LEFT INTENT. TONALLY BLANK 16 i7 118 19 20 21 22 23 24 25 26 27 28 -12- DECLARATION OF PETITIONER REQUESTED RELIEF 47. respectfully request the following: a. Joint legal with primary physical custody of our son to me; b, Respondent to have alternating weekend visitation from Friday after I get off work until Sunday evening at 5:00 p.m. and ¢c. Any other relief that the Court deems proper. / I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this Declaration was executed on November 11 , 2019 in Costa Mesa, California. 10 See Signature attached to DV-120 i MOHAMMED TAHIR FARUKHE, Petitioner 12 13 14 iS 16 17 18 19 20 21 22 23 24 2s 26 27 28 -13- DECLARATION OF PETITIONER EXHIBIT A Ao HEE ‘ 1880 re a aa ces” May 11, 2016 Congratulations, Mahera Farukfu! of You have been recognized by the Keck, School of Medicine of ' The University Keck, Southern California for being a member of the KecR Honors Society at the the School of Medicine. On Commencement Day, you will be recognized by wearing “University of Southern California Honors Medal”. Please report to the Office of Student Affairs, Rm STOL after the Class Breakfast on Thursday, May 12, 2016 to pick up your University of Southern California Honors Medal. Wishing you all the best! F ue on, Trojan. + ¥ Donna D, Elliott, M.D., Ed.D. Associate Dean for Student Affairs at the Keck School of Medicine EXHIBIT B mf a ee ad a Pi Py Na