Priscila N. v. Leonardo G.

Good Law
17 Cal. App. 5th 1208·226 Cal. Rptr. 3d 221
Court of Appeal of CaliforniaDecember 1, 2017B279584California2,577 words

Opinion

lead Opinion

Epstein, J.

*1210 In this case, we hold the family court has jurisdiction under Family Code section 6345, subdivision (a) to renew domestic violence restraining orders (DVROs) initially granted by the juvenile court, the same conclusion reached by Division Eight of this district in Garcia v. Escobar (2017) 17 Cal.App.5th 267 , 225 Cal.Rptr.3d 300 .)) In sum, we conclude that the legislative history of the Family Code and the Welfare and Institutions Code indicates the Legislature intended juvenile and family courts to work together to protect victims of domestic violence. In order to effectuate this intent, we construe both statutes broadly, avoiding a formalistic reading that would require domestic violence victims who receive a DVRO from the juvenile court to repeat the process in family court. We reverse the order of the trial court and remand for further proceedings consistent with this opinion.

*1211 FACTUAL AND PROCEDURAL SUMMARY

Appellant Priscila N. and her now ex-husband Leonardo G. married in 2008 and separated in 2011. Their relationship included repeated incidents of domestic violence against appellant, often in the presence of their three minor children. A marriage dissolution…

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.