CALIFORNIA FAMILY LAW
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Domestic Violence
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DVPA: Protective Orders/TROs
.........Protected Persons
6 Cards On This Topic:
A finding of potential jeopardy to the safety or well-being of the children is not a necessary predicate for including them as protected parties under a DVRO.
A postconviction criminal protective order can only protect the actual victims of DV, not children who may have witnessed it.
DVRO may properly protect H's girlfriend who was living with him.
No error for trial court not to include children as protected parties under DVRO.
Trial court lacked authority to issue protective order barring D from having contact with son and stepdaughter, as they were not "victims" of DV against mother per PC 136.2(i)(1) and PC 273.5(j).
Because noncustodial F was not a protected person under the DVPA, trial court was not authorized to grant him TRO against stepfather just because he included C in the petition as a protected person.