What is the test for a motion in limine in a domestic violence action?

A ruling on a motion in limine is necessarily without prejudice. The court may always change its decision based on the evidence elicited at the time of the testimony. (People v. Collins (1986) 42 Cal.3d 378, 384.) A defendant does not have the right to testify free from impeachment. (Id. at pp. 387-388.)

In a domestic violence action evidence of a defendant's prior acts of domestic violence generally may be admitted so long as not otherwise inadmissible under Evidence Code section 352. (Evid. Code, 1109, subd. (a)(1).) If the prior acts are over 10 years old, they are admissible only if the court finds it would be in the interests of justice. (Evid. Code, 1109, subd. (e).) Although a court's decision to admit the evidence is reviewed for abuse of discretion in its balancing of the probative value against the prejudice (People v. Johnson (2010) 185 Cal.App.4th 520, 539-540), we have nothing to review because defendant himself testified to the two prior incidents.

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