What is the test for abuse of discretion under the DVPA?

California, United States of America


The following excerpt is from Franke v. O'Connor (In re Marriage of Franke), B289196 (Cal. App. 2019):

In general, we review an order granting or denying a protective order under the DVPA based on the abuse of discretion standard. (Burquet v. Brumbaugh (2014) 223 Cal.App.4th 1140, 1143.) We accept as true all of the evidence tending to establish the correctness of the trial court's findings, resolving every conflict in the evidence in favor of the judgment, to determine whether there is any substantial evidence, contradicted or uncontradicted, that supports the trial court's finding. (Ibid.)

Page 18

Other Questions


Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does the Court of Appeal have discretion to admit evidence of abuse of power or abuse of discretion? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (California, United States of America)
Is abuse of discretion an abuse of the discretion test? (California, United States of America)
How have courts exercised discretion to impose the upper term sentence for abuse of discretion? (California, United States of America)
Is there an abuse of authority or abuse of discretion in setting aside a default and judgment? (California, United States of America)
What constitutes abuse of discretion under the Family Code and/or DVPA? (California, United States of America)
Is a superior court's decision not to continue, on its own motion, a hearing for a restraining order under the DVPA reviewed for abuse of discretion? (California, United States of America)
What is the test for abuse of abuse of the abuse of evidence in a criminal case where a defendant admitted to a prior burglary? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.