California, United States of America
The following excerpt is from R.G. v. Pena, F073699 (Cal. App. 2018):
"A granting or denial of injunctive relief is generally reviewed by the appellate court based upon the abuse of discretion standard. [Citation.] This standard applies to the grant or denial of a protective order under the DVPA. [Citations.] In reviewing the evidence, the reviewing court must apply the 'substantial evidence standard of review,' meaning ' "whether, on the entire record, there is any substantial evidence, contradicted or uncontradicted," supporting the trial court's finding. [Citation.] "We must accept as true all evidence . . . tending to establish the correctness of the trial court's findings . . . , resolving every conflict in favor of the judgment." ' " (Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140, 1143.)
Under Family Code section 6203, subdivision (a), " 'abuse' [under the DVPA] means any of the following: [] (1) To intentionally or recklessly to cause or attempt to cause bodily injury. [] (2) Sexual assault. [] (3) To place a person in reasonable apprehension of imminent serious bodily injury to that person or to another. [] (4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320." Under subdivision (b), "[a]buse is not limited to the actual infliction of physical injury or assault." Family Code Section 6320, subdivision (a) further provides: "The court may issue an . . . order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, credibly impersonating as described in Section 528.5 of the Penal Code, falsely personating as described in section 529 of the Penal Code, harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party, and, in the discretion of the court, on a showing of good cause, of other named family or household members." (See Burquet v. Brumbaugh, supra, 223 Cal.App.4th at pp. 1143-1144.) Disturbing the
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peace is broadly interpreted to mean destroying the mental or emotional calm of the other. (Id. at pp. 1146-1147)
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