PRETRIAL ADJUDICATION
...Injunctions
......Types of Injunctions
.........Temporary in Length-TROs
............Domestic Violence
 12 Cards On This Topic:
  • Federal firearm conviction based on D's being subject to DV restraining order may be upheld if he had actual notice and opportunity to participate in hearing at which DV restraining order issued.
  • D's email campaign and emotional abuse of P's young daughters amounted to alarming, annoying and harassing conduct that would cause a reasonable person substantial emotional distress — sufficient to support issuance of DVRO.
  • DV RO prohibiting D from posting negative and harassing communications online about her ex-boyfriend was void as self-represented D did not consent to a commissioner hearing the matter.
  • Trial court may issue a mutual DV RO under FC §6305 only if both parties filed requests for such relief, so as to give the requisite notice to the opposing party.
  • FC §3044 presumption is triggered not by the issuance of RO, but rather by a finding that a parent has engaged in an act of domestic violence against the other parent, the child, or the child's siblings.
  • 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.
  • In issuing FC 6300 restraining order against F while also attempting to limit its legal effect, trial court abused its discretion under the DVPA.
  • No abuse of discretion in denying D's application to terminate DV restraining order where no material change in law or fact, and he did not establish the ends of justice required a termination of restraining order.
  • No abuse of discretion in awarding P atty fees and costs as prevailing party in D's action to terminate DVRO under FC 6344(a).
  • D entitled to automatic continuance under FC 243(e) at hearing on permanent restraining order where TRO was issued without notice.
  • When two antagonistic parties separately apply for and receive restraining orders under DVPA on different dates, 2d application is not a request for a ••mutual•• order, subject to FC 6305 requirements.
  • DVPA not intended to apply to unrelated people who separately sublet rooms in same house.


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