CALIFORNIA FAMILY LAW
...Domestic Violence
......DVPA: Protective Orders/TROs
.........After Hearing
............Conduct
8 Cards On This Topic:

Conduct and exclusionary restraining orders which may be issued after hearing.

Requirements for mutual conduct restraining orders.

Court may issue protective order after notice and hearing.

Person restrained by DVPA TRO shall not attempt to obtain address of protected person.

Whether or not P is fearful that D will physically harm her, there is no DVPA requirement of a physical threat.

D's acts of isolation, control, and threats were sufficient to show the destruction of P's mental and emotional calm; no showing of probable future abuse is required to issue a DVPA RO.

As W's application and supporting declaration were facially sufficient to support a finding under the DVPA that H abused her and C, trial court abused its discretion in denying her DVRO request without a hearing on the merits.

Plain meaning of “disturbing the peace” in FC 6320 may include, as abuse under DVPA, ex-H's destroying mental or emotional calm of ex-W by accessing, reading and publicly disclosing her confidential emails.