RESTRAINING ORDERS: VIOLATION OF A PRIOR RESTRAINING ORDER CONSTITUTES ABUSE UNDER THE DOMESTIC VIOLENCE PREVENTION ACT.


New Case: N.T. v. H.T. Forth Appellate District: The Fourth District reversed an Orange County trial court’s denial of Wife’s Restraining Order request “for acts specifically violating the temporary restraining order the trial court had issued against the husband eight months earlier. The court denied the Restraining Order on the ground that a technical violation of a Temporary Restraining Order was not an act of domestic violence.” In reversing, Section 6203, subdivision (a)(4) specifically provides that engaging in behavior that has been enjoined pursuant to section 6320 constitutes abuse for purposes of the DVPA,  and is not limited to acts inflicting physical injury. Family Code section 6203. Section 6320 allows a court to enjoin, among other things, stalking, threatening, harassing, contacting directly or indirectly, or disturbing the peace of the protected party. 

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