California Court of Appeal

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Gou v. Xiao, A1377771

The trial court's order denying plaintiff's request for a restraining order under the Domestic Violence Prevention Act (DVPA) against defendant is reversed and remanded, where: 1) the trial court erred in denying plaintiff's request on the ground she was not a victim of domestic violence within the meaning of the DVPA; and 2) assuming their truth, the factual allegations presented would support a finding that defendant's past behavior was abusive as it had placed plaintiff in reasonable apprehension of imminent serious bodily injury to herself or the parties' child, and disturbed plaintiff's peace by causing the destruction of her mental or emotional calm.

Appellate Information

  • Decided 08/04/2014
  • Published 08/04/2014

Judges

  • JENKINS

Court

  • California Court of Appeal

Counsel