San Diego Divorce Lawyer Blog
Few relationships are devoid of conflict; instead, it is common for romantic partners to have disagreements occasionally. Sadly, however, arguments lead to physical harm in some relationships, and in many instances, the abuse worsens when the relationship ends. Thus, many victims of abuse seek domestic violence restraining orders (DVROs) protecting them from their former romantic partners. In a recent California ruling, the Court discussed the factors considered when determining whether to grant a DVRO in a case in which they ultimately ruled that both the woman seeking the order, and her children required protection. If you are accused of domestic violence or need assistance seeking a DVRO, it is smart to speak to a San Diego family law attorney as soon as possible.
Factual Background of the Case
It is reported that the husband and the wife married and had three children that were born between 2005 and 2013. They separated, after which the wife sought a DVRO protecting her and her children from the husband. The wife alleged that the husband persuaded the wife’s friends and mother to try to convince her to resume her relationship with the husband, asked the children to spy on her, and followed her male friend home and threatened to kill him.
Allegedly, during the hearing on the matter, the Court heard evidence that the husband harassed and stalked the wife. The children testified the husband yelled at them, prompted them to fight one another for his entertainment, and pushed, choked, and slapped them, under the guise that he was playing. The Court granted the DVRO as to the mother and the children. The husband appealed, arguing that there was insufficient evidence that the children should be included in the DVRO.
Factors Weighed in Evaluating Whether to Grant a DVRO
The Appellate Court affirmed the Trial Court ruling. Under California law, the goal of the Domestic Violence Prevention Act (DVPA) is to prevent domestic violence and abuse and allow for the separation of domestic violence perpetrators and their victims to enable them to resolve the causes of the violence. As such, the DVPA permits the courts to grant restraining orders that enjoin abuse, which includes harassment, stalking, battering, and striking another person.
The Trial Courts have broad discretion under the DVPA; thus, an Appellate Court reviews orders denying or granting DVROs for an abuse of discretion and will only overturn them if they find a lack of substantial evidence supporting the Trial Court’s finding. In the subject case, the Appellate Court found that the totality of the circumstances justified the inclusion of the children in the DVRO. Thus, it affirmed the Trial Court ruling.
Speak to a Trusted California Family Law Attorney
The California Courts take domestic violence allegations very seriously and carefully consider whether to grant restraining orders. If you need assistance with a family law matter involving domestic violence allegations, it is in your best interest to seek the advice of an attorney. The trusted San Diego family law attorneys of Doppelt and Forney APLCcan inform you of your rights and assist you in pursuing a favorable outcome under the facts of your case. You can reach us through our online form or by calling us at 800-769-4748 to set up a free and confidential meeting.