Avalos v. Perez
196 Cal. App. 4th 773
| Cal. Ct. App. | 2011Background
- Avalos obtained a two-year domestic restraining order against Perez on June 20, 2008 after evidence of physical, sexual, and mental abuse and threats.
- Avalos sought renewal for five years on June 18, 2010, citing fear due to Perez’s contact through a third party in May 2010.
- Perez did not appear or oppose at the August 13, 2010 hearing, but the court renewed the order for two years based on third-party contact.
- Avalos appealed arguing that 6345(a) requires a five-year (or permanent) renewal when warranted by reasonable apprehension.
- Ritchie v. Konrad held a renewal requires reasonable apprehension of future abuse and that unopposed requests may be renewed, but does not authorize two-year renewals.
- The court held that 6345(a) requires a five-year (or permanent) renewal; the two-year renewal was error and the matter must be extended to five years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a five-year renewal required under 6345(a)? | Avalos argues 6345(a) authorizes a five-year renewal. | Perez did not oppose; court had discretion to renew for up to five years or permanently. | Yes; five-year renewal required; remand to extend. |
Key Cases Cited
- Ritchie v. Konrad, 115 Cal.App.4th 1275 (Cal. App. 2004) (renewal requires reasonable apprehension of future abuse; unopposed may be renewed)
- People v. Simon, 25 Cal.4th 1082 (Cal. 2001) (waiver/forfeiture rule for trial errors; exceptions apply)
- Keener v. Jeld-Wen, Inc., 46 Cal.4th 247 (Cal. 2009) (forfeiture exception for questions of law or public policy)
- Bayside Timber Co. v. Board of Supervisors, 20 Cal.App.3d 1 (Cal. App. 1971) (court may relax waiver where public policy involved)