DVPA

Question 1

In re C.Q.

Answer 1

Teenage daughter represented by minor’s counsel had standing to object to being named as a protected party where no E to show that children were in fear/harmed by dad.

Question 2

FC 6229

Answer 2

Child under 12 may seek order through GAL

Question 3

FC 6320

Answer 3

Protected party - family or household members

Question 4

Houck

Answer 4

Stepparent not in qualifying relationship

Question 5

O’Kane

Answer 5

Tenant who sublets different room no in q qualifying relationship

Question 6

Lin

Answer 6

Where no service of DV-130 order after hearing then time for appear is 180 days

Question 7

Burquet

Answer 7

Unsettling the emotional or mental peace of mind by showing up at former girlfriend’s house or uninvited calls or texts

Question 8

FC 6203

Answer 8

Reasonable apprehension of physical harm or to engage in conduct that can be restrained. No requirement of physical injury or assault

Question 9

FC 6250

Answer 9

Past acts of abuse may be grounds for seeking protection

Question 10

FC 6301(c)

Answer 10

Length of time since most recent act is not determinative. Courts shall consider totality of the circumstances

Question 11

FC 6320

Answer 11

Physical acts, destruction of property, harassing, disturbing the peace…

Question 12

FC 6321

Answer 12

Residence exclusion permitted if colorable right of law to possess, excluded person caused harm, threatened harm

Question 13

Gau v. Xiao

Answer 13

M observed D hitting and choking child on Skype

Question 14

Nakamura v. Parker

Answer 14

Under FC 6220 abuse is broadly defined

Question 15

Nevarev v. Tonna

Answer 15

Pushing on stairwell, coming to work, grabbing wrist, repeated unwanted phone calls

Question 16

FC 6305

Answer 16

No mutual order unless both parties are primary aggressor

Question 17

JJ v. MF

Answer 17

Self-defense by mom against abusive dad did not justify mutual orders

Question 18

Fajota

Answer 18

Even if the court denies grant DVPA order, if there is a history of DV, then TC must apply 3044 presumption in making custody award

Question 19

FC 3044

Answer 19

Presumption against joint custody to perpetrator of DV absent clear statement on record concerning best interest of child as basis to make award

Question 20

FC 6344

Answer 20

Prevailing party fees may be ordered consistent with income, needs, and respective ability to pay

Question 21

Eneoji v. Ubboe

Answer 21

No requirement for post-order violence to renew. Only reasonable apprehension is required. Severity of past events may demonstrate basis for apprehension

Question 22

RItchie v. Konrad

Answer 22

Test for renewal is reasonable apprehension of future abuse