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Domestic Violence Prevention Act (Family Code 6300 et seq.)

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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Bailey v. Murray (2024) 102 Cal.App.5th 677

In a Domestic Violence Restraining Order proceeding, the plaintiff wife was unrepresented by counsel; the defendant, her former husband had counsel. The trial court did not violate defendant's due process rights by assisting plaintiff during her testimony by asking her very broad, open-ended questions designed to allow her to tell the court about the incidents on which she based her… Read More

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

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

Salmon v. Salmon, No. E075748, 2022 Cal. App. LEXIS 997 (Ct. App. Nov. 14, 2022)

Under the Domestic Violence Prevention Act (Family Code 6300 et seq.) a spouse may be restrained from committing violence on the other spouse.  Section 6305 requires special findings if the court issues a mutual restraining order.  Following n Melissa G. v. Raymond M. (2018) 27 Cal.App.5th 360 and disagreeing with Conness v. Satram (2004) 122 Cal.App.4th 197, this decision holds… Read More