Lionel
Lionel v. Lionel CA2/2
Opinion
Opinion
DISCUSSION
The purpose of the DVPA is to “‘prevent the recurrence of acts of violence and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.’ [Citation.]” (Quintana v. Guijosa (2003) 107 Cal.App.4th 1077, 1079.) “The Legislature has set forth the relevant factors in Family Code section 6300, by providing that a domestic violence restraining order may be issued ‘if an affidavit shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse.’” (Ibid.; accord, Nakamura v. Parker (2007) 156 Cal.App.4th 327, 334.) Abuse is defined as intentionally or recklessly causing or attempting to cause bodily injury, sexual assault, or placing a person “in ‘reasonable apprehension of imminent serious bodily injury’” to that person or to another. (Gonzalez v. Munoz (2007) 156 Cal.App.4th 413, 421, quoting § 6203.) Courts construe the DVPA liberally, and may issue a domestic violence restraining order when the applicant makes the requisite showing by a preponderance of the evidence. (Gdowski v. Gdowski (2009) 175 Cal.App.4th 128,…