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

Issuance of DVRO is discretionary matter and substantial evidence supported trial court’s order granting it.

Trial ct. did not abuse its discretion in issuing DVRO where its decision was based on specific facts of harassment.

Mother's DVRO renewal improperly denied where trial court applied incorrect legal standard.

5-yr. DVPA issued by commissioner valid where D failed to show on the record he provided that the parties did not orally stipulate to the commissioner, and by D's participation at hearing, he impliedly consented to it.

In issuing FC 6300 restraining order against F while also attempting to limit its legal effect, trial court abused its discretion under the DVPA.

Because peremptory denial of W's TRO application without hearing exceeded the discretion vested in judiciary by DVPA, trial ct.'s ruling was abuse of discretion.