CALIFORNIA FAMILY LAW
...Domestic Violence
......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.