What is the test for obtaining a restraining order for domestic violence?

California, United States of America


The following excerpt is from Sadira v. Mein, A146515 (Cal. App. 2017):

reasonable apprehension of imminent serious bodily injury to that person or to another. [] (4) To engage in any behavior that has been or could be enjoined pursuant to Section 6320." (Id., 6203, subd. (a)(1)-(4).) Section 6320 includes "molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, . . . harassing, telephoning, including, but not limited to, making annoying telephone calls as described in Section 653m of the Penal Code, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, [or] coming within a specified distance of, or disturbing the peace of the other party." (Fam. Code, 6320, subd. (a).) We review the issuance of a domestic violence restraining order for abuse of discretion. (Nevarez v. Tonna (2014) 227 Cal.App.4th 774, 782.)

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