California, United States of America
The following excerpt is from Yates v. Williams, A147662 (Cal. App. 2017):
On appeal of the grant of a section 527.6 restraining order, "[w]e review issuance of [the] protective order for abuse of discretion, and the factual findings necessary to support the protective order are reviewed for substantial evidence. [Citations.] 'We resolve all conflicts in the evidence in favor of respondent, the prevailing party, and indulge all legitimate and reasonable inferences in favor of upholding the trial court's findings.' [Citation.]" (Parisi v. Mazzaferro (2016) 5 Cal.App.5th 1219, 1226; see Ensworth, supra, 224 Cal.App.3d at p. 1111, fn. 2 ["[w]here the trial court has determined that a party has met the 'clear and convincing' burden, that heavy evidentiary standard then disappears;" " '[o]n appeal, the usual rule of conflicting evidence is applied, giving full effect to the respondent's evidence, however slight, and disregarding appellant's evidence, however strong' "].)
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