What is the test for obtaining a restraining order under the Domestic Violence Act?

Abuse is not limited to the actual infliction of physical injury or assault. (Fam. Code, 6203, subd. (b).) A trial court has the discretion to issue a protective order under the DVPA simply on the basis of an affidavit showing past abuse. (Nakamura v. Parker (2007) 156 Cal.App.4th 327, 334.) However, a petition under the DVPA may be summarily denied if the facts alleged fail to constitute abuse within the meaning of the DVPA. (Id. at p. 337.)

A trial court may issue a restraining order for the purpose specified in Family Code section 6220: to prevent domestic violence, abuse, and sexual abuse, and to provide separation between the parties. (Fam. Code, 6300.) The trial court's decision as to whether a restraining order is warranted is discretionary. (Gou v. Xiao (2014) 228 Cal.App.4th 812, 817.)