G.M. v. J.T. CA4/1
D082963
Cal. Ct. App.Mar 11, 2025Background
- G.M. and J.T. are parents of a child, A.M.; G.M. sought a restraining order under the Domestic Violence Prevention Act (DVPA) against J.T.
- G.M. alleged J.T. threatened him, asked another to kill him, and physically abused their child, A.M.; he sought to protect himself and A.M. and requested sole custody.
- At the hearing, G.M. and another witness testified to alleged abuse and threats by J.T.; J.T. denied abuse but admitted to smoking marijuana near A.M.
- The trial court excluded much of G.M.'s evidence, reasoned that J.T.'s alleged child abuse could not legally disturb G.M.'s peace, and denied a permanent restraining order.
- G.M. appealed, arguing the court erred by not considering whether abuse of A.M. could disturb G.M.'s peace or cause him to fear for A.M.'s safety.
- The appellate court reversed, holding the trial court applied the wrong legal standard and remanded for further consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether abuse of the child by J.T. can disturb G.M.'s peace under DVPA | Abuse of A.M. disturbed G.M.'s peace and justified restraining order | Denied abuse; conduct did not legally disturb G.M.'s peace | Trial court erred; such abuse can disturb G.M.'s peace |
| Whether threats and indirect conduct can cause fear justifying a DVPA order | J.T.'s threats and actions put G.M. in reasonable fear for A.M.'s safety | Threats not directed at G.M.; no sufficient evidence of fear | Trial court wrongly ignored relevant evidence; remanded |
| Exclusion of offered evidence by the trial court | Evidence of abuse and emotional impact was relevant | No clear objection on exclusion | Exclusion unsupported; totality of circumstances must be considered |
| Application of correct legal standard | Trial court applied improper legal criteria | No argument provided | Applied wrong standard; reversal required |
Key Cases Cited
- Perez v. Torres-Hernandez, 1 Cal.App.5th 389 (holding abuse of children can destroy a party's emotional calm for DVPA purposes)
- Gou v. Xiao, 228 Cal.App.4th 812 (allegations of child abuse may disturb another party's peace under DVPA)
- In re Bruno M., 28 Cal.App.5th 990 (abuse witnessed by children can disturb their peace)