Perez v. Torres-Hernandez

Denial of 5-year renewal of wife’s injunction against abusive ex-husband was an abuse of discretion given the ex-husband’s history of abusing the wife and children.  Trial court abused its discretion in denying ex-wife a 5-year renewal of the injunction against her ex-husband under the Domestic Violence Protection Act.  No evidence of further abuse after entry of the initial injunction is required in order to secure the 5-year renewal. Fam. Code 6345(a).  And ex-husband’s harassing telephone calls and e-mails were sufficient proof of a reasonable apprehension of future abuse absent the renewal.  Also, ex-husband’s abuse of the couple’s children should have been considered in determining whether the injunction should be renewed.

California Court of Appeal, First District, Division 4 (Ruvolo, P.J.); June 9, 2016 (published July 11, 2016); 2016 WL 3355368

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