Ankola
Ankola v. Ankola (In re Ankola)
Opinion
Lead Opinion
Premo, J.
*685 *562 Petitioner Manishkumar Ankola (Manish) 1 appeals the issuance of a mutual restraining order against him under the Domestic Violence Protection Act ( Fam. Code, § 6200 et seq., DVPA). 2 The mutual restraining order was issued on a petition brought by Manish against his wife, respondent Priyanka Ankola (Priyanka).
Manish argues the trial court erred in issuing a mutual restraining order when Priyanka had not filed a separate written request for such an order as required by section 6305, subdivision (a)(1). We agree and will reverse the April 18, 2018 restraining order against Manish.
I. FACTUAL AND PROCEDURAL BACKGROUND
Manish and Priyanka were married on June 12, 2014, but their relationship quickly soured. Manish filed a petition for nullity of marriage on December 15, 2015, alleging that the marriage was voidable based on fraud. Priyanka filed a response, denying the allegations in Manish's petition, but further *563 requesting dissolution of the marriage due to irreconcilable differences. 3 In May 2016, Priyanka filed a request for a domestic violence restraining order (DVRO) against Manish.