What is the test for substantial evidence in a restraining order for abuse of the Elderly Abuse Act?

California, United States of America


The following excerpt is from R.P. v. Quinn, A161584 (Cal. App. 2021):

We review the issuance of an Elder Abuse Act restraining order for abuse of discretion, and the factual findings underpinning such an order for substantial evidence. (Bookout v. Nielsen, supra, 155 Cal.App.4th at p. 1137.) We resolve all conflicts in the evidence in favor of... the prevailing party, and indulge all legitimate and reasonable inferences in favor of upholding the trial court's findings. (Id. at pp. 1137-1138.) [W]e will only find an abuse of discretion when the trial court exceeds the bounds of reason or disregards the uncontradicted evidence. (Id. at p. 1140.) The party challenging the issuance of the order bears the burden of showing an abuse of discretion by the trial court. (Ibid.)

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