The recent case of Burquet vs. Brumbaugh held that the domestic violence prevention act authorizes courts to issue restraining orders for “disturbing the peace of the other party.” In Burquet, the ex-boyfriend showed up the Plaintiff’s house unannounced and uninvited. He paced around her front porch for about 10 minutes, even though she had declined to renew their relationship, asked him to leave and threatened to call the police. The ex-boyfriend became angry and the Plaintiff became frightened. Thereafter, the Plaintiff obtained a domestic violence restraining order against the ex-boyfriend. On appeal, the appellate court upheld the trial judge’s order saying that Family Code Section 6320 (d) authorizes a restraining order for “disturbing the peace.” Here the trial court found that the ex-boyfriend’s conduct destroyed the mental or emotional calm of the Plaintiff and that this met the standard for issuing the restraining order. The take away from this decision is that domestic violence cases continue to be fact driven, can be issued based upon behavior other than physical violence, and will likely not be reversed on appeal. For this reason parties will do well to defuse and/or avoid conflict whenever it starts to get out of control or go beyond the limits of respectable behavior.
If you have questions regarding domestic violence, please contact our office to schedule a consultation. The Law Office of Family Law Specialist Richard E. Bawden also handles legal issues regarding adoption, annulment, collaborative divorce, divorce, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements. Dial 909.792.0222 or email us at [email protected] You might also want to get more information at our website: www.richardbawdenlaw.com. The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.