What is the test for a motion to overturn a restraining order?

California, United States of America


The following excerpt is from Rodriguez v. De Leon, A149560 (Cal. App. 2017):

On appeal, appellant argues his response to the trial court's questioning "clearly indicated that he believed this hearing was regarding the parallel and still pending dissolution proceedings (which his answer indicated he wanted to conclude), not a hearing about a restraining order." He contends the order should be reversed and remanded for a new hearing because he did not understand the nature of the proceedings below. Our review is guided by the fundamental proposition that the trial court's decision "is presumed correct, and a party attacking the judgment, or any part of it, must affirmatively demonstrate prejudicial error." (People v. Garza (2005) 35 Cal.4th 866, 881.)

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