McCord v. Smith: Restraining Orders / ContemptMcCord v. Smith: Restraining Orders / ContemptWalzer Melcher LLP
Keith McCord (Plaintiff and Appellant) v. Celeste Smith (Defendant and Respondent)
California Court of Appeal, Fourth District, Division Three
Published Opinion (06/26/2020) 50 Cal.App.5th 358
Former domestic partners, Keith McCord and Celeste Smith, requested Domestic Violence Restraining Orders (DVRO) against each other. The Trail Court granted Smith’s request and denied McCord’s request. The court also dismissed with prejudice McCord’s RFO why Smith should not be held in contempt. McCord appealed.
Substantial evidence supported the trial court’s findings underlying the issuance of the DVRO in favor of Smith and against McCord. There was no evidence supporting the issuance of a DVRO in favor of McCord and against Smith, and McCord makes no specific argument on appeal regarding this portion of the trial court’s order.
The Court of Appeal held that (1) the trial court’s findings supported a determination that boyfriend’s conduct constituted a disturbance of former girlfriend’s peace, as well as stalking, threatening, and harassing; (2) trial court did not abuse its discretion in its consideration of evidence at hearing; and (3) request for OSC regarding contempt was not properly before the court on appeal.
Opinion: McCord v. Smith
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