Koromah

Koromah v. Kappia CA2/8

Good Law
Court of Appeal of CaliforniaJuly 2, 2015B254296California433 words

Opinion

Opinion

Rubin, J.

DISCUSSION

On appeal, father argues that the trial court abused its discretion in that there was insufficient evidence of abusive conduct sufficient to justify entry of a domestic violence restraining order.

2 We review an order granting a domestic violence restraining order for abuse of discretion. (In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483, 1495 (Nadkarni).) Under this standard, we uphold the trial court’s factual findings if they are supported by substantial evidence. (Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140, 1143 (Burquet).) We accept as true all evidence tending to establish the correctness of the trial court’s findings, resolving every conflict in favor of the judgment. (Ibid.) Under the Domestic Violence Prevention Act, the court may enter a restraining order if the evidence establishes “reasonable proof of a past act or acts of abuse.” (Fam. Code, § 6300.)1 The moving party need not establish a probability of future abuse; the existence of past abuse is sufficient. (Nevarez v. Tonna (2014) 227 Cal.App.4th 774, 783.) “Abuse,” for purposes of the Domestic Violence Prevention Act, is defined to include any behavior that could be enjoined under section…

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