N.T. v. H.T. : Domestic Violence; Restraining Orders

N.T. v. H.T. (Domestic Violence; Restraining Orders)

California Court of Appeal, Fourth District

Published Opinion, (2019) 34 Cal.App.5th 595

File Date:
Filed 4/22/2019

In N.T. v. H.T. (Domestic Violence; Restraining Orders), the wife requested a domestic violence restraining order (DVRO) against her husband, claiming he violated a temporary restraining order (TRO) issued against him eight months earlier. The family court denied the DVRO and ruled that a technical violation of a TRO was not an act of abuse under the Domestic Violence Prevention Act, Family Code (DVPA) per Family Code section 6200 et seq. The appellate court reversed because “abuse” under the DVPA includes behaviors that were enjoined by the TRO, and is not limited to acts inflicting physical injury. (Fam. Code, § 6203.) On remand, the family court was ordered to make necessary findings whether the acts alleged by the wife actually occurred and, if they did, to enter the DVRO as requested.

N.T. v. H.T. 4-22-19

The case listed here was not handled by Walzer Melcher unless the description states that Walzer Melcher appeared as counsel.