Br.C. v. Be.C. (2024)

April 5, 2024

Wife was granted a DVRO against Husband based on a history of verbal abuse, harassment, and threats.  Part of Wife’s evidence at the DVRO hearing, were three recordings Husband appealed , arguing that the trial court should not have admitted the recordings because he did not know he was being recorded.  Husband also argued that there was not sufficient evidence for the entry of the DVRO. Finding that Penal Code section 633.6, subdivision (b) allows a survivor to secretly record evidence of abuse to use later in a DVRO hearing, the appellate court affirmed the trial court decision.  The appellate court also noted that the law allows a survivor to use recordings that were made even before they filed their DVRO request.  The court also affirmed the DVRO based on enough evidence of abuse in the record.

Statutes used or affected: Penal Code section 633.6; Family Code section 2022

Courts & Hearings
Restraining Orders

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