Can a restraining order be dissolved for abuse of discretion?

California, United States of America


The following excerpt is from Braun v. Faciane, D073658 (Cal. App. 2019):

Faciane argues that the trial court failed to consider the facts that contributed to the previous order and thus could not properly compare them against the new circumstances. In other words, because the court "fail[ed] to revisit the reason why the restraining order was ordered, the trial court prejudiced Faciane by preventing him from demonstrating a 'material change in facts upon which the injunction or temporary restraining order was granted' . . . ." We review denial of a motion to dissolve a restraining order for abuse of discretion. (See Salazar v. Eastin (1995) 9 Cal.4th 836, 850.)

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