New case law reminds courts to focus on survivor’s reasonable apprehension of future abuse instead of unproven justifications for abuse and that any violations of a domestic violence restraining order (DVRO) must be taken seriously.
Why this case is important:
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- This case reaffirms that no new abuse is required. The court emphasized that a DVRO may be renewed solely based on the survivor having ongoing fear of future abuse based on the past incidents of abuse. The abuse that led to the original DVRO “will often be enough.”
- Even a single knowing violation should be weighed seriously. In this case, the restrained party violated the DVRO by sending a text and an email saying she loved the survivor. The court made clear that any knowing violation of a protective order must be taken seriously, no matter how small it may seem.
- This case helps explain that it is inappropriate for the Trial Court to pressure litigants into settlement
- In a footnote, the Court of Appeal cautioned that trial courts encouraging settlement discussions may be inappropriate in DVRO cases involving serious abuse, violations of the restraining order, and where the survivor has expressed emotional distress at being near the restrained party. Trial courts often try to get survivors to agree to shorter orders, continuing the temporary order, or even entering mutual orders. But encouraging a settlement might not be appropriate in some cases.
- This case explains that medical explanations for any alleged abuse must be supported by substantial evidence.
- The restrained party claimed that her abusive conduct was caused by medication side effects. The Court of Appeal rejected this explanation because it was not supported by any evidence other than the restrained party’s own testimony and conclusions. The court emphasized that when a restrained party cites medical or psychological reasons for their abuse, merely claiming that medication side effects caused their behavior is insufficient.
View our Case Alert to read a summary of the case and practice tips. | View the Published Opinion.
