If a restraining order is renewed automatically, is the mere issuance of the original restraining order sufficient to trigger the renewal of the restraining order?

California, United States of America


The following excerpt is from Le Vu v. Fearn (In re Le Vu), G053116 (Cal. App. 2017):

Lister v. Bowen, supra, 215 Cal.App.4th at page 333, the appellate court held "'the existence of the initial order certainly is relevant and the underlying findings and facts supporting that order often will be enough in themselves to provide the necessary proof to satisfy that test.'" (Italics added.) If, as Fearn suggests, the mere issuance of the original restraining order is alone sufficient to trigger a renewal of that order, without consideration of the underlying findings and facts supporting its issuance, the renewal of domestic violence restraining orders would be automatic. Fearn does not cite any legal authority supporting such a proposition. It is well-established, as set forth by the legal authorities cited ante, that a protected party has the burden to prove, by a preponderance of the evidence, that he or she has a reasonable apprehension of future abuse to secure a renewal of a domestic violence restraining order.

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