Navarro v. Cervera

This case strengthens the law for renewing DVROs.  (Fam. Code, § 6345, subd. (a).) In this case, Cervera abused Navarro by, among other things, breaking into her home, waiting outside her workplace, and trying to enter her car with a large knife with plans to kill her.  Navarro got a DVRO against Cervera. Cervera later violated the DVRO by sending Navarro an email and text message, stating that she loved Navarro and did not care if she went to jail

Navarro sought to renew the DVRO. The trial court denied the renewal request at a contested hearing after finding Navarro’s fear of future abuse was genuine and credible, but not “reasonable.” The Court of Appeal reversed and remanded with instructions to grant the renewal, noting all relevant factors (see Ritchie, supra) supported the renewal, including the severe and significant underlying abuse of stalking and attempted murder and Cervera’s intentional violations of the DVRO. The Court of Appeal also noted that Cervera’s explanation that side-effects from her medication caused her to stalk and plan to murder Navarro was not supported by the evidence in the record.