Jenifer F. v. John G. CA2/7

Good Law
Court of Appeal of CaliforniaAugust 16, 2022B307929California777 words

Opinion

Opinion

DISCUSSION

1. Governing Law and Standard of Review Section 6320, subdivision (a), authorizes the family court to issue a restraining order to prevent a recurrence of domestic violence, including “attacking, striking, stalking, threatening,

3 2 sexually assaulting [or] battering.” After a noticed hearing the court may issue a permanent domestic violence restraining order that last for up to five years. (§ 6345, subd. (a).) The ultimate decision to grant or deny a restraining order under the Domestic Violence Prevention Act is reviewed for abuse of discretion. (N.T. v. H.T. (2019) 34 Cal.App.5th 595 601; Gonzalez v. Munoz (2007) 156 Cal.App.4th 413, 420.) We review the family court’s underlying factual findings for substantial evidence. (In re Marriage of Davila & Mejia (2018) 29 Cal.App.5th 220, 226; Loeffler v. Medina (2009) 174 Cal.App.4th 1495, 1505.) The inquiry is whether substantial evidence supports the court’s finding, not whether a contrary finding might have been made. (In re Alexandria P. (2016) 1 Cal.App.5th 331, 355.) “We accept as true all evidence tending to establish the correctness of the trial court’s findings and resolve every conflict in favor of the…

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