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. Continue reading