G.M.

I. INTRODUCTION

G.M. appeals from the trial court’s denial of his request for a restraining order against J.T. under the Domestic Violence Prevention Act

(Fam. Code,1 § 6200 et seq.; DVPA). We agree with G.M. that the trial court erred by finding J.T.’s alleged abuse of their son could not, as a matter of law,

All undesignated section references are to the Family Code. support a domestic violence restraining order. We therefore reverse and remand for further proceedings.

II. BACKGROUND

G.M. and J.T. share a child, A.M. On September 14, 2023, G.M. filed a request for a domestic violence restraining order against J.T. G.M. alleged that J.T. threatened G.M.; J.T. asked her former boyfriend, Daniel Madan, to kill G.M.; and J.T. physically abused A.M. G.M. requested that A.M. be protected under the restraining order and that the court grant him sole

custody of A.M. with no visitation by J.T.2 On October 4, 2023, the trial court conducted a hearing on whether to

grant G.M.’s request for a permanent restraining order against J.T.3 Madan testified that he witnessed J.T. abuse A.M. and routinely smoke marijuana in A.M.’s presence. Madan also testified that J.T. asked him…