What is the test for a restraining order under the Domestic Violence Protection Act?
California, United States of America
The following excerpt is from LEVINE v. QUEVEDO, B219067, No. YQ012525 (Cal. App. 2010):
trial court is vested with discretion to issue a protective order under the DVPA simply on the basis of an affidavit showing past abuse." (Nakamura v. Parker, supra, 156 Cal.App.4th at p. 334.) Given the information before it, the trial court properly exercised its discretion in issuing a domestic violence restraining order. We agree with the trial court's characterization of this matter as "a perfect case of harassment."
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