Less than 24 hours before a man allegedly shot his estranged wife and their four children in a Paradise Hills home, a San Diego judge approved a restraining order commanding him to stay away from the family, according to court documents obtained by NBC 7 on Monday.
The restraining order filed by Sabrina Rosario, 29, against her estranged husband, José Valdivia, 31, was granted on Friday. It was not clear if José Valdivia was served with the paperwork before allegedly opening fire on Sabrina Rosario and the children the following day.
The order provided insight into Sabrina Rosario's fear for herself and her children before the tragic shooting. The two were due in court for a hearing on Dec. 2.
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In the filing documents, Sabrina Rosario said José Valdivia "consistently harasses and threatens me... On November 6, 2019 (José Valdivia) sent me a photo of a handgun, implying a threat to use it against me after I told him he must be at his scheduled visit with our sons."
A screenshot of the texts was included as evidence. In it, a photo showed a gun next to bottles of alcohol laid out on a table.
She said the threat "really scared me and I can no longer handle his abuse and harassment...I am afraid that with (his) unstable behavior and alcohol dependency, (he) will hurt me or our children," according to court documents.
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Sabrina Rosario, José Valdivia and their three-year-old son Enzi Valdivia were found dead inside the home on the 2100 block of Flintridge Drive on Saturday. Their other sons, Zuriel Valdivia, 5, Ezekiel Valdivia, 9, and Zeth Valdivia, 11, were taken to Rady Children's Hospital where two later died.
Ezekiel Valdivia was the only family member to survive the shooting. On Monday, he remained in critical condition on life support with a gunshot wound to the leg and head, according to a family member.
The couple was married for about 11 years before Rosario filed for divorce on June 5, citing "irreconcilable differences." The divorce was not finalized.
The two were not living together and despite their separation, Rosario said José Valdivia consistently harassed her, sending dozens of texts and calls at a time. One piece of evidence presented showed 10 phone calls from José Valdivia in an 11-minute span.
"After I threatened to get a restraining order against (him) if he did not leave me alone, (he) said, 'A restraining order is not gong to do nothing.'"
The two had court-ordered joint custody of their four children. The documents said they should live with their mother while José Valdivia was given liberal and unrestricted visitation rights with the boys.
Rosario told her mother, Gloria Collins, at one point that she was eager to have the divorce finalized and move out of the area.
"She was tired. She told me one day 'Mom, I'm tired. I'm tired.' She wanted to have the papers of the divorce and leave to the north," Collins recalled.
Sabrina Rosario's sister, Jocelyn Rosario, told NBC 7 the two parents were high school sweethearts. She said the stalking began after Sabrina Rosario filed for divorce.
Her brother-in-law, Karl Albright, said that Rosario was constantly "living in fear, looking over her shoulder, having this guy stalking her," he said. "For the last year, she had lived a really hard life, and it’s sad."
Albright set up a GoFundMe page to help the family with funeral and medical expenses.
Rosario's brother Jorge Sanchez told NBC 7 he and his family are relying on their faith and community support as they rally in his nephew's corner. Meanwhile he's trying his best to make sure his tragedy doesn't repeat for someoen else.
"If I could reach out to you and tell you, don't wait for this to happen. Seek help, reach out to people. There are resources in the community," Sanchez said.
SDPD said the father was the suspect in this case, and no other suspects were outstanding.
Valdivia did not have a criminal record, according to court documents.
San Deigo County District Attorney Summer Stephan said often times the immediate 72 hours after a restraining order is issued can be the most dangerous time for a domestic violence victim.
"The risk actaully heightens," according to Stephan. "We've seen a lot of murders where the restraining orders is a triggering event."
Stephan said there have been instances where someone who filed a restraining order has been relocated, even to other states, for protection.
The investigation at the home stretched well into the afternoon as officers worked to gather more evidence.
