Perez

Perez v. Torres-Hernandez

Good Law
Court of Appeal of CaliforniaJuly 11, 2016A139710California4,954 words

Opinion

Opinion

I.

INTRODUCTION

Appellant Maria del la Luz Perez (Perez) appeals the trial court‘s denial of the renewal of her domestic violence restraining order (DVRO) against respondent Job Francisco Torres-Hernandez (Torres-Hernandez). Perez alleges that the trial court applied the incorrect legal standard in denying her petition. She asserts the court erroneously concluded that: (1) there must be new evidence of abuse or threatened abuse to renew the order, and Torres-Hernandez‘s past abuse or violations of the existing order did not support renewal; (2) the evidence of ―new‖ abuse must be physical in nature; and (3) evidence of Torres-Hernandez‘s abuse of the couple‘s children was not relevant to the DVRO renewal. We agree the court erred in all of these respects, and reverse with directions to grant renewal of the DVRO.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In February 2010, Perez filed a request for a DVRO against Torres-Hernandez to stay away from her and their two children, eight and two-year-old daughters, as well as Perez‘s ten-year-old son from a previous relationship. Perez and Torres-Hernandez had been in a relationship for 10 years and Perez claimed many instances of…

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