What is the standard of review applied to an order under the DVPA?

California, United States of America


The following excerpt is from LISTER V. BOWEN, A123682, No. FDV 08-806221 (Cal. App. 2010):

We generally apply an abuse of discretion standard of review to the trial court's orders issued under the DVPA. (Gonzalez v. Munoz (2007) 156 Cal.App.4th 413, 420.) However, "we independently review the question whether the trial court correctly interpreted and applied the applicable constitutional principles. [Citation.] Facts relevant

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to the constitutional analysis must be reviewed de novo, independent of the trial court's findings." (Evans v. Evans (2008) 162 Cal.App.4th 1157, 1166.)

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