In re Marriage of Ankola (June 20, 2019) 36 Cal.App.5th 250, 248 Cal.Rptr.3d 683
Husband and Wife were married on June 14, 2014 and after a very short marriage, Husband filed a Petition for annulment on December 15, 2015. In May 2016 Wife filed a request for Domestic Violence Restraining Order (“DVRO”). Wife’s DVRO matter was heard on September 7, 2016 and her request was denied. In February 2017 Wife filed a new DVRO based on new facts and allegations that took place after the September 2016 hearing. Wife’s second DVRO was heard on August 15, 2017 and the trial Court this time granted her request and issued a 5 year restraining order against Husband.
On August 16, 2017 Husband filed a request for DVRO against Wife. Husband’s request for a DVRO was heard on February 20, 2018 and the Court made note that this was the 3rd time these parties were before the Court on the issue of a DVRO and neither party had acted completely in self-defense and both had committed acts of domestic violence. For those reasons, as well as other case specific incidents, the trial Court issued mutual restraining orders against both Husband and Wife.
Shortly thereafter Husband appealed the DVRO issued against him at the February 20, 2018 hearing. Husband contended on appeal that the Trial Court erred in issuing mutual restraining orders because Wife had not filed a separate request for a DVRO in connection with the February 20, 2018 hearing. The Appellate Court agreed with the Husband in finding that Wife had only filed a response alleging various incidents but did not file a separate request for a DVRO.
The lesson to be learned from this case is that when a DVRO is desired, the proper paperwork must be filed and the request must be put properly before the Court. Clemens | Warren L.L.P. is well versed in handling DVRO’s, contact us today with any questions you might have.
