What findings must a trial court make to satisfy the "detailed findings of fact" requirement in subdivision (a)(2) of section 6305 of the California Child Protection Act?

California, United States of America


The following excerpt is from Everard v. Everard (In re Everard), 260 Cal.Rptr.3d 556, 47 Cal.App.5th 109 (Cal. App. 2020):

We have found very little if any caselaw defining what findings a trial court must make to satisfy the "detailed findings of fact" requirement in subdivision (a)(2) of section 6305. At a minimum, to satisfy this requirement and provide for the issuance of mutual protective orders under this statute there must be evidence and a finding of abuse by both parties. (See 6305 ; Monterroso v. Moran (2006) 135 Cal.App.4th 732, 736, 37 Cal.Rptr.3d 694 ( Moran ) [noting a "trial court has no statutory power to issue a mutual order enjoining parties from specific acts of abuse described in section 6320 without the required findings of fact"].)

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