DID YOU KNOW BY ATTORNEY F.M. ZAVALA

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.