Trial Court Should Have Granted Domestic Violence Restraining Order.

Years after a domestic violence restraining order was granted during a divorce, the wife went back to court to request a permanent restraining order. The trial court concluded that “if nothing has happened in three years, I don’t see how there is reasonable apprehensions,” and relying on that comment as well as the holding in Ritchie v. Konrad (2004) 115 Cal.App.4th 1275, [10 Cal.Rptr.3d 387], the court denied the request. The appellate court reversed, noting that Family Code section 6345(a) expressly states that the restraining order “may be renewed upon the request of a party either for five years or permanently, without a showing of any further abuse since the issuance of the original order.” The appellate court also stated:  “Ritchie did not hold that a reasonable fear of physical abuse was required.  More importantly [Family Code] sections 6203 and 6320 do not limit the definition of abuse to physical injury.” (Eneaji v. Ubboe (Cal. App. Second Dist., Div. 7; March 18, 2014) 224 Cal.App.4th 1069, [169 Cal.Rptr.3d 106].)