What is the test for using prior acts of domestic violence as evidence in a civil case?

Because prior acts of domestic violence, as are any other prior acts under section 1101, are subject to balancing under section 352, the Legislature has ensured that such evidence cannot be used in cases where its probative value is substantially outweighed by the possibility that it will consume an undue amount of time or create a substantial danger of undue prejudice, confusion of issues, or misleading the jury. ( 352.) This determination is entrusted to the sound discretion of the trial judge who is in the best position to evaluate the evidence.

[864 F.Supp.2d 922]

[Citation.] [Citation.] ( People v. Hoover, supra, 77 Cal.App.4th at pp. 10281029 [92 Cal.Rptr.2d 208].)