Gou

Filed 7/10/14 Certified for Publication 8/4/14 (order attached)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

QING HUI GOU,

Plaintiff and Appellant, v. A137771

BI GUANG XIAO,

(San Francisco County Defendant and Respondent. Super. Ct. Nos. FCS-12-347915,

FDI-12-777831)

Appellant Qing Hui Gou appeals from a December 5, 2012, order, which denied her request for a restraining order under the Domestic Violence Prevention Act (DVPA; Fam. Code, § 6200, et seq.1) (DVRO) 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 BACKGROUND2

Appellant and respondent were married in China on April 16, 1991. In October 2007, respondent and the parties’ then 8-year-old son (hereafter also referred to as “the child”) came to the United States while appellant remained in China waiting for

1 All further statutory…