Lugo

*867 INTRODUCTION

Appellant Adali Lugo filed a request for a domestic violence restraining order (DVRO) against her husband, Moises Corona, under the Domestic Violence Prevention Act (DVPA) ( Family Code, section 6200 et seq. 1 ). The family court denied her request on the basis that a criminal protective order was already in place. Lugo asserts that the family court erred, because a criminal protective order does not bar the entry of a DVRO. We agree and reverse.

FACTUAL AND PROCEDURAL BACKGROUND

On August 23, 2017, Lugo filed a request for a DVRO in family court. In a declaration attached to her request, Lugo stated that on August 13, 2017, she and Corona engaged in a physical altercation in which Lugo slapped Corona, and Corona grabbed Lugo by the neck and pushed her down on a sofa. Lugo said that when Corona let go of her, he said that if Lugo "dare[d] to do something against him" he would strangle and kill her; he repeated the threat "a couple of times." The couple's 10-year-old child heard the altercation from a nearby bedroom; their 6-year-old child in the same bedroom remained asleep.

A criminal protective order dated August 16, 2017 stated that Corona was restrained…