Gou

Appellant Qing Hui Gou appeals from a December 5, 2012, order, which denied her request for a restraining order (DVRO) under the Domestic Violence Prevention Act (DVPA; Fam. Code, § 6200 et seq.) against respondent Bi Guang Xiao. We agree with appellant that the trial court erred in denying her request on the ground she was not a victim of domestic violence within the meaning of the DVPA. Accordingly, we reverse and remand the matter for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant and respondent were married in China on April 16, 1991. In October 2007, respondent and the parties’ then eight-year-old son (hereafter also referred to as “the child”) came to the United States while appellant remained in China waiting for an immigrant visa. Appellant joined the family in October 2011 when her visa was approved.

On September 11, 2012, appellant filed a judicial council form, ex parte, requesting a DVRO in favor of herself and the then 13-year-old child against respondent. In her attached declaration, appellant described in detail three incidents of past abuse allegedly perpetrated by respondent. In September 2011, while appellant was still in China and…