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Domestic Violence Prevention Act

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Dragones v. Calkins (2024) 98 Cal. App. 5th 1075

Effective in 2023, the Legislature amended Family Code 6344 to authorize attorney fee awards in Domestic Violence Prevention Act cases to the prevailing party without any requirement of a showing of need by the prevailing party.  This decision holds that the new statute applies retroactively to all still pending cases because the Legislature has provided in Family Code section 4… Read More

Parris J. v. Christopher U. (2023) 2023 WL 6458520

Under Family Code 6320(c), a domestic violence restraining order may issue against a defendant who "disturbs the peace of the other party by conduct that, based on the totality of the circumstances, destroys the mental or emotional calm of the other party.  This decision holds that unlike other portions of the DVRO statute that expressly refer to "reasonable" fear of… Read More

Hatley v. Southard (2023) 94 Cal.App.5th 579

Attempts to control, regulate, and monitor a spouse’s finances, economic resources, movements, and access to communications constitute abuse for which a domestic violence restraining order may properly be issued under the Domestic Violence Prevention Act. Read More