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

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.