CALIFORNIA FAMILY LAW
...Domestic Violence
......DVPA: Protective Orders/TROs
.........After Hearing
............Conduct
 15 Cards On This Topic:
  • Conduct and exclusionary restraining orders which may be issued after hearing.
  • Requirements for mutual conduct restraining orders.
  • Court may issue protective order after notice and hearing.
  • Person restrained by DVPA TRO shall not attempt to obtain address of protected person.
  • Residential burglary based on an intent to steal theory is an act of domestic violence for which prior acts of domestic violence are admissible under Evid. Code §1109.
  • Nothing in the plain language of the DVPA restricts courts when ruling on a DVRO request to hearing evidence of abuse that occurred only before the request was filed.
  • H’s intentionally moving into an apartment immediately adjacent to W’s constituted stalking and supported issuance of a DVRO.
  • An act of frustration that is not “reckless” and does not put other party in reasonable apprehension of serious bodily injury will not support issuance of DVRO.
  • The DVPA was not enacted to address all disputes between former couples, or to create an alternative forum for resolution of every dispute between such individuals.
  • Violation of a DVTRO is a basis for issuance of a DVRO.
  • Court's modification of parenting plan, in conjunction with renewal of DVRO, considered best interest of C and was not unconstitutionally vague or overbroad.
  • Whether or not P is fearful that D will physically harm her, there is no DVPA requirement of a physical threat.
  • D's acts of isolation, control, and threats were sufficient to show the destruction of P's mental and emotional calm; no showing of probable future abuse is required to issue a DVPA RO.
  • As W's application and supporting declaration were facially sufficient to support a finding under the DVPA that H abused her and C, trial court abused its discretion in denying her DVRO request without a hearing on the merits.
  • Plain meaning of “disturbing the peace” in FC 6320 may include, as abuse under DVPA, ex-H's destroying mental or emotional calm of ex-W by accessing, reading and publicly disclosing her confidential emails.


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