CALIFORNIA FAMILY LAW
...Domestic Violence
......Evidentiary Issues
6 Cards On This Topic:

Quantum of proof required for issuance of DVPA TROs is “reasonable proof of a past act or acts of abuse.”

D's prior convictions for PC §273.5 intimate partner battering were crimes of moral turpitude and properly admitted for impeachment purposes.

Trial court erred in not allowing the jury to consider evidence of intimate partner abuse for the purpose of assessing whether D formed the specific intent required to commit the charged crimes.

Trial court properly found D engaged in "abuse" per DVPA based on the evidence and was not required to find a probability of future abuse before issuing an RO under FC §6300.

Evidentiary issues that can arise in Domestic Violence and Custody matters.

D's confrontation and cross-exam. rights violated in DV trial where court precluded inquiry into threats DA made to D's W to coerce her into testifying against him.