Trial Court Erred In Refusing To Issue Domestic Violence Restraining Order.

The trial court declined to issue a domestic violence restraining order for two reasons. First, it determined that mental abuse was insufficient, and, second, that past physical abuse was insufficient. The court of Appeal reversed. With regard to mental abuse, the appellate court stated: “In this case, the testimony that the trial court did permit revealed significant acts of emotional abuse, well beyond accessing and disseminating texts and email. The acts of isolation, control, and threats were sufficient to demonstrate the destruction of Rodriguez’s mental and emotional calm.” With regard to physical abuse, the appellate court stated: “No showing of the probability of future abuse is required to issue a DVPA restraining order: ‘A trial court is vested with discretion to issue a protective order under the DVPA simply on the basis of an affidavit showing past abuse.”’ (Rodriguez v. Menjivar (Cal. App. Second Dist., Div. 7; December 16, 2015) (Ord. Pub. January 7, 2016) 243 Cal.App.4th 816 [196 Cal.Rptr.3d 816].)