X.K. v. M.C.

In this case, M.C., a U.S. citizen, subjected ex-wife and mother of their child, X.K., an emigrant, to years of physical, sexual, and emotional abuse, including coercive control—both in the U.S. and abroad in China.  X.K. sought a DVRO against M.C. based on this abuse. The trial court denied X.K.’s request after a hearing, noting its belief that the case was more about custody and visitation issues rather than a DVRO, and its question of whether it had the power to consider abuse that occurred in another country.  The appellate court reversed and remanded for a new hearing.  The appellate court explained that abuse is still abuse, even if it occurs or is alleged during a custody or visitation matter, and abuse in other countries must still be considered under the “totality of the circumstances” analysis.  (See Fam. Code, §§ 6301, subd. (d), 6320, subd. (c).)