Sholokhova

Sholokhova v. Enriquez CA1/5

Good Law
Court of Appeal of CaliforniaOctober 10, 2024A169076California1,660 words

Opinion

Opinion

Burns, J.

BACKGROUND

A.

Enriquez and Yelena Sholokhova are former romantic partners who have a child together. In fall 2020, while the two were in the midst of a custody dispute, Sholokhova obtained a domestic violence restraining order against Enriquez. The Domestic Violence Prevention Act authorizes the issuance of restraining orders to enjoin specific acts of abuse. (See Malinowski v. Martin (2023) 93 Cal.App.5th 681, 691 (Malinowski).) In issuing the restraining order here, the court

1 found that, by a preponderance of the evidence, “there was abuse . . . that warrants a restraining order.”

B.

When the initial restraining order was about to expire in September 2021, Sholokhova filed a request to renew the order. A domestic violence restraining order “may be renewed, upon the request of a party, either for five or more years, or permanently, at the discretion of the court, without a showing of further abuse since the issuance of the original order.” (Fam. Code, § 6345, subd. (a).) A renewal request must be brought within the three month period before the expiration of the order. (Ibid.)

In her renewal request, Sholokhova alleged that she continued to be fearful of Enriquez and that…

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