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Domestic Violence Prevention Act (Family Code 6300 et seq.)

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Effective in 2023, the Legislature amended Family Code 6344 to authorize attorney fee awards in Domestic Violence Prevention Act cases to the prevailing party without any requirement of a showing of need by the prevailing party.  This decision holds that the new statute applies retroactively to all still pending cases because the Legislature has provided in Family Code section 4… Read More

Attempts to control, regulate, and monitor a spouse’s finances, economic resources, movements, and access to communications constitute abuse for which a domestic violence restraining order may properly be issued under the Domestic Violence Prevention Act. Read More

Under the Domestic Violence Prevention Act (Family Code 6300 et seq.) a spouse may be restrained from committing violence on the other spouse.  Section 6305 requires special findings if the court issues a mutual restraining order.  Following n Melissa G. v. Raymond M. (2018) 27 Cal.App.5th 360 and disagreeing with Conness v. Satram (2004) 122 Cal.App.4th 197, this decision holds… Read More