K.L.

K.L. v. R.H.

Good Law
Court of Appeal of CaliforniaOctober 26, 2021G059109California7,372 words

Opinion

Opinion

INTRODUCTION

The purpose of the Domestic Violence Prevention Act (DVPA) (Fam. Code, § 6300 et seq.) “is to prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence.” (Id., § 6220.) To achieve this purpose, the DVPA authorizes the court to issue orders enjoining a party from, among other things, “molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, . . . harassing, . . . destroying personal property, . . . coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members.” (Id., § 6320, subd. (a).) The DVPA prohibits mutual orders enjoining both parties from the foregoing behavior unless “[t]he court makes detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in

2 self-defense.” (Fam. Code, § 6305, subd. (a)(2).) In determining whether a party was a primary aggressor or acted…

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