Nakamura

INTRODUCTION

Yuka Nakamura appeals an order of August 7, 2006, denying her application for a temporary restraining order (TRO) under the Domestic Violence Prevention Act (DVPA) (Fam. Code, § 6200 et seq. ), which she sought against John Marshall Parker after petitioning to dissolve their marriage. Nakamura is represented on appeal by counsel and supported by an amicus curiae brief from interested organizations. Parker is unrepresented and has filed no brief.

Nakamura argues that the denial of her application for a temporary protective order, summarily and without a hearing, which had the effect of dismissing her entire action, constituted an abuse of discretion. The order is appealable (Code Civ. Proc., § 904.1, subd. (a)(6)) and, finding that the trial court did abuse its discretion, we shall reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Nakamura filed for dissolution on June 6, 2006 (further unspecified dates are in 2006), alleging a March separation and a marriage that had produced two children, a boy and girl, ages four and one. Assisted by counsel, she filed an ex parte request and proposed TRO on August 7, using standard Judicial Council forms DV-100 (request for…