Yes he did. In a ruling that will probably surprise no one, the Court of Appeal overturned the trial court’s decision and held that emotional abuse, acts of isolation, control, and threats can be sufficient reasons to issue a DVRO.
The trial court also erred by denying the DVRO because there had been no new violence in the past six months. “A trial court is vested with discretion to issue a protective order under the Domestic Violence Prevention Act simply on the basis of an affidavit showing past abuse. . . . [T]he statute does not require any showing of the likelihood of future abuse.” It is hard to understand how the judge would hold that pulling Bev’s hair, kicking, slapping and punching her, while she was pregnant, was not enough to justify granting the restraining order. Perhaps he should be taken out for a little “hands on” education? Rodriguez v. Menjivar, decided January 7, 2016.
