San Diego, CA Family Law Blog

Tuesday, July 8, 2014

New Case on Domestic Violence

The California Courts of Appeal have issued five to six opinions in 2014 on domestic violence issues! A few years ago, I drafted a brief on a domestic violence issue that resulted in a published case entitled Loeffler v. Medina. At that time, I could find only one or two published cases on domestic violence. Obviously, the Courts are taking this issue very, very seriously.

In Nevarez v. Tonna, the Court of Appeal held last week that a trial court is not required to find a probability of future abuse before issuing an domestic violence restraining order.

Couples who are divorcing but staying in the same house need to be very careful. Many couples have no choice financially except to remain in the same house until it sells. I have had a couple cases where there was no domestic violence during the marriage but the police were called and parties were arrested after the parties lived in the same house after separation. The consequences of having a domestic violence incident on one's record are serious and severe.

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