Melissa G. v. Raymond M.

Good Law
238 Cal. Rptr. 3d 127·27 Cal. App. 5th 360
Court of Appeal of CaliforniaSeptember 20, 2018B284031California6,047 words

Opinion

lead Opinion

Moor, J.

*129 *362 Appellant Raymond M. (father) appeals from two domestic violence restraining orders granted under the Domestic Violence Prevention Act (DVPA) ( Fam. Code, § 6200 et seq. ) 1 Following a single evidentiary hearing on separate requests filed by father and respondent Melissa G. (mother), the court granted both requests. Father contends reversal is required *363 because section 6305 requires a court to make detailed factual findings before issuing mutual restraining orders, and the court did not make the requisite factual findings. Father further contends there is insufficient evidence to support a factual finding that he was the primary aggressor and not acting in self-defense, and he seeks an unqualified reversal of the order restraining him from contacting mother, rather than a reversal that remands the case for factual findings. Mother did not file a respondent's brief. 2

We agree with father that the court erred by not making the factual findings required under section 6305. We disagree, however, with father's insufficient evidence argument, and so we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

Summary of relevant facts

In the filings before the trial…

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