N.T.
N.T. v. H.T.
Opinion
Lead Opinion
Fybel, J.
*597 *364 INTRODUCTION
A wife sought a domestic violence restraining order (DVRO) against her husband for acts specifically violating the temporary restraining order (TRO) the trial court had issued against the husband eight months earlier. The court denied the DVRO on the ground that a technical violation of a TRO was not an act of domestic violence. We reverse and remand.
For purposes of the Domestic Violence Prevention Act, Family Code section 6200 et seq. (DVPA), abuse includes behaviors that were enjoined by a TRO, and is not limited to acts inflicting physical injury. ( Fam. Code, § 6203.) (All further statutory references are to the Family Code, unless otherwise noted.) On remand, the trial court shall make necessary findings regarding whether the acts alleged by the wife actually occurred and, if they did, the court shall enter the DVRO as requested.
STATEMENT OF FACTS AND PROCEDURAL HISTORY
I.
THE TEMPORARY RESTRAINING ORDER
In January 2017, N. sought a TRO protecting her, her three-year-old son I., 1 and her seven-month-old daughter C. from her husband H. The trial court granted the TRO and ordered H. not to: "Harass, attack, strike, threaten, assault (sexually or…