Lionel

Lionel v. Lionel CA2/2

Good Law
Court of Appeal of CaliforniaAugust 1, 2013B239451California1,043 words

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,…

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