DOMESTIC VIOLENCE RESTRAINING ORDERS STANDARD OF PROOF
The purpose of the Domestic Violence Prevention Act to prevent acts of domestic violence, abuse. The Domestic Violence Prevention Act (DVPA) (Fam. Code, § 6200 et seq.) requires a showing of past abuse by a preponderance of the evidence.
The purpose of a domestic violence restraining order is not to punish past conduct, but to prevent acts of domestic violence and abuse from occurring in the future. Fam. Code, § 6220.
The Domestic Violence Prevention Act (DVPA), Fam. Code, § 6200 et seq., does not impose a heightened standard for specificity, nor does it contain any corroboration requirement. Instead, it provides that a court may issue a domestic violence restraining order (DVRO) if an affidavit or testimony and any additional information provided to the court shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse. § 6300, subd. (a).
The DVPA also expressly provides that a court may issue a restraining order based solely on the affidavit or testimony of the person requesting the restraining order.