What is the burden of proving there was abuse of discretion in denying a motion to terminate a restraining order?

California, United States of America


The following excerpt is from Cole v. Washington, A156404 (Cal. App. 2019):

Washington has not met her burden to show the trial court abused its discretion in denying her request. Her attempt to do so was hindered by her election to proceed with her appeal without a transcript of the hearing concerning her motion to terminate the restraining order. In the absence of a reporter's transcript we " 'have no way of knowing . . . what grounds were advanced, what arguments were made and what facts may have been admitted, mutually assumed or judicially noticed at the hearing. In such a case, no abuse of discretion can be found except on the basis of speculation.' " (Snell v. Superior Court (1984) 158 Cal.App.3d 44, 49.) The record only tells us that Washington's request to terminate the restraining order was denied after she and Cole testified.

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