California Court of Appeal

Trial court order dismissing wife's application for a restraining order under the Domestic Violence Protection Act is reversed and remanded where: 1) the allegations in the wife's application and declaration are facially sufficient for a showing of abuse within the meaning of the DVPA; and 2) the court was not required to allow oral testimony by the wife's witnesses at her DVPA proceeding, and her application for a restraining order under the DVPA was entitled to calendar preference under Family Code sec. 244.

Appellate Information

• Decided 05/19/2009
• Published 05/19/2009

Judges

• BAMATTRE-MANOUKIAN, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• George Benetatos, Law Offices of George G. Benetatos, San Francisco, CA, for Appellant.


• For Appellees:
  
• Julie Sullivan Saffren, Stephen J. Usoz, Law Offices of Stephen J. Usoz, San Jose, CA, for Respondent.