CALIFORNIA FAMILY LAW
...Domestic Violence
......DVPA: Protective Orders/TROs
.........Discretion to Deny
7 Cards On This Topic:

Civil harassment RO against offensive opposing counsel reversed as emails were constitutionally protected activity and other annoying conduct did not cause P, an experienced FL atty, to suffer intense emotional distress.

Abuse of discretion to deny request for a DVRO without considering the totality of the circumstances and not taking seriously P's fear of D and his threats to kill her.

In denying mother's request for renewed DVRO, court erred in disregarding mother's actual, reasonable fear of future abuse by F based on present circumstances and past abuse.

Physical separation is not a substitute for the protections of a restraining order.

A court entertaining a request to renew a DVTRO is not required to accept the truth of every piece of evidence presented in support of the original order; renewal properly denied.

Trial court abused its discretion in not issuing permanent custody of C to mother during pendency of restraining order, as mandated by DVPA to ensure C's safety.

Although case moot, because of significant public issue involved, "capable of repetition yet evading review," Court considers on appeal the authority of trial court to issue custody and visitation orders in DVPA cases.