M.H. v. C.H. CA5
Plaintiff appeals the denial of her request for a restraining order against defendant, her ex-husband, pursuant to the Domestic Violence Prevention Act (DVPA; Fam. Code, § 6200, et seq.) The trial court stated it could consider only matters presented at the hearing and, based on that evidence, found plaintiff did not meet her burden for the issuance of a restraining order.
The DVPA addresses the scope of the evidence a trial court must consider when evaluating a request for restraining order. The trial “court shall consider the totality of the circumstances in determining whether to grant or deny a petition for relief.” (§ 6301, subd. (c).) Furthermore, the court may issue a restraining order “based solely on the affidavit or testimony of the person requesting the restraining order.” (§ 6300, subd. (a).)
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