What is the test for obtaining a restraining order under the California Domestic Violence Act?

California, United States of America


The following excerpt is from Cathy B. v. Christopher B., B277144 (Cal. App. 2018):

The purpose of the DVPA is to "prevent acts of domestic violence, abuse, and sexual abuse and to provide for a separation of the persons involved in the domestic violence for a period sufficient to enable these persons to seek a resolution of the causes of the violence." ( 6220.) To further this purpose, a court may issue an order to restrain any person if an affidavit or testimony provided to the court shows "reasonable proof of a past act or acts of abuse." ( 6300.) A party seeking a restraining order has the burden to prove a past act of abuse by a preponderance of the evidence. (See Gdowski v. Gdowski (2009) 175 Cal.App.4th 128, 137.)

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