Davila

Davila v. Mejia (In re Davila)

Good Law
239 Cal. Rptr. 3d 805·29 Cal. App. 5th 220
Court of Appeal of CaliforniaOctober 23, 2018B279874California3,042 words

Opinion

Lead Opinion

Feuer, J.

*222 INTRODUCTION

Jesus Miguel Davila Mejia appeals from a domestic violence restraining order (DVRO) issued in favor of his wife, Annastasia Erine Davila. Mejia contends the trial court abused its discretion in issuing the DVRO because it was based on allegations *808 not contained in Davila's request for a DVRO, and he was prevented from introducing evidence to impeach Davila. He also contends there is no substantial evidence to support issuance of the DVRO.

Mejia's contentions lack merit. Davila's general allegations in her DVRO request, that Mejia threatened to physically harm her and she feared for her safety, placed Mejia on notice that Davila would testify at the DVRO hearing about Mejia's specific threats of physical violence, including that he held a gun to her head on two or three prior occasions. Mejia had a meaningful opportunity to respond to the specific allegations at the hearing, and to request a continuance if he needed additional time to respond. The Domestic Violence Prevention Act (DVPA) ( Fam. Code, § 6200 et seq. ) 1 does not impose on a victim of domestic abuse a pleading obligation that he or she describe all individual actions taken by the alleged abuser…

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