Does a domestic violence restraining order need to be subjected to a higher standard of proof than a restraining order?

California, United States of America


The following excerpt is from In re Marriage of Ighani, G031389 (Cal. App. 11/13/2003), G031389. (Cal. App. 2003):

Mohseni does suggest that domestic violence restraining orders should be subjected to a higher standard of proof because they infringe upon important constitutional rights of the restrained party. However, because Mohseni failed to provide any authority or analysis in support of his contention, we deem it waived. (Atchley v. City of Fresno (1984) 151 Cal.App.3d 635, 647 [where point is asserted by appellant without argument or authority, it is deemed to be without foundation and requires no discussion by reviewing court].)

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