Thompson

Thompson v. Thompson CA2/6

Good Law
Court of Appeal of CaliforniaDecember 22, 2021B307398California271 words

Opinion

Opinion

Perren, J.

DISCUSSION

The court may issue a DVRO for up to five years after a noticed hearing. (§ 6345, subd. (a).) It is the petitioner’s burden to establish abuse by a preponderance of the evidence. (Gdowski v. Gdowski (2009) 175 Cal.App.4th 128, 137.) “Abuse” may include physical acts or any conduct listed under section 6320, such as “disturbing the peace of the other party.” (§§ 6203, 6320, subd. (a).) Disturbing the peace includes unwelcome contact by the restrained party that destroys the mental or emotional calm of the petitioner. (Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140, 1146.) We review the court’s DVRO ruling for abuse of discretion. (Id. at p. 1143.) Regan contends the DVRO is not supported by sufficient evidence. The record shows otherwise. Jason presented evidence of profoundly disturbing acts and statements on the part of Regan over a period of many months. This included threats to harm herself in the children’s presence. The court afforded Regan considerable latitude at the hearing to present her version of events.3 In sum, her appeal challenges the finding that Jason’s evidence was more credible than hers. We defer as we must to the trial court’s factual…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.