Marriage of Brubaker and Strum

Good Law
Court of Appeal of CaliforniaJanuary 3, 2022B307887California6,002 words

Opinion

Opinion

INTRODUCTION

Betsey Brubaker appeals from an order denying her request to renew a restraining order against her former husband, Andy Strum, under the Domestic Violence Prevention Act (the Act) (Fam. Code, § 6200 et seq.). 1 Because the trial court erroneously considered only whether Strum committed acts of domestic violence during a narrow window of time when the original restraining order was in effect, and not whether Brubaker had a reasonable fear of future abuse in light of all relevant facts and circumstances, we reverse the order denying the request to renew the restraining order and direct the trial court to hold a new hearing on the request and allow Brubaker to introduce the evidence the court erroneously excluded.

FACTUAL AND PROCEDURAL BACKGROUND

A. Brubaker Obtains a Domestic Violence Restraining Order Against Strum Brubaker and Strum married in 2009 and had twins in 2015. On October 6, 2017 Brubaker filed a petition for dissolution of the marriage, which, according to Brubaker, Strum opposed. On October 13, 2017 Brubaker filed a request for a domestic violence restraining order against Strum. Brubaker alleged Strum threatened to strangle and kill her, stalked…

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