Rinker

INTRODUCTION

Robert Rinker appeals from the denial of his request for entry of a domestic violence restraining order (DVRO) against his ex-wife, Cindi Rinker.1 He contends the trial court failed to apply the proper legal standard for abuse and therefore abused its discretion. We agree. We therefore reverse the court’s order and remand with directions to the trial court to enter the DVRO.

BACKGROUND

I. Prior Proceedings

Robert and Cindi were married in 2014. They have one child, son W., born in 2015. Robert filed a petition for dissolution of marriage in April 2019, seeking full custody of W. He also requested a temporary emergency order granting him full custody of W., based on Cindi’s recent psychiatric hospitalization “following her attempt to overdose on her Prozac medication.” The court denied the emergency request. The family was referred to the Los Angeles County Department of Children and Family Services (DCFS) in 2019 based on allegations by Cindi that W. had been sexually abused by his paternal grandfather (grandfather). DCFS ultimately determined those allegations were inconclusive. In November 2019, DCFS filed a petition in juvenile court alleging that W. was at…