Spousal Support When Domestic Violence Restraining Order Pending.

The trial court denied a wife’s request for spousal support pending the resolution of her application for a restraining order. Family Code section 6341(c) states in part:  “If . . . no spousal support order exists, after notice and a hearing, the court may order . . . spousal support . . . the court shall consider whether failure to make any of these orders may jeopardize the safety of the petitioner, including safety concerns related to the financial needs of the petitioner.” The appellate court reversed, stating:  “the trial court erred in ruling it did not have jurisdiction to award spousal support until after it found whether [the husband] abused [the wife].” (In re Marriage of J.Q. v. T.B. (Cal. App. Fourth Dist., Div. 3; January 31, 2014) 223 Cal.App.4th 687, [167 Cal.Rptr.3d 574].)