Isidora M. v. Silvino M.
239 Cal. App. 4th 11
| Cal. Ct. App. | 2015Background
- Isidora M. filed a DVPA restraining order against Silvino M. for herself and two minor children; Silvino did not request relief against Isidora.
- The trial court issued a five-year mutual restraining order against both parties.
- The court stated there had been domestic violence and that both parties could be restrained, despite Silvino not requesting a mutual order.
- Isidora’s 2012 criminal conviction and related orders were referenced as evidence but not as detailed findings under §6305.
- Isidora appealed the March 28, 2014 order, challenging the mutual nature and the lack of §6305 findings.
- This court reverses the mutual restraining order’s application to Isidora but affirms other aspects of the order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a mutual DVPA order may issue without a reciprocal request | Isidora argues no mutual order without Silvino's request | Silvino contends §6305 allows mutual orders with both parties’ appearance and evidence | Mutual order may issue only if both file requests (notice required) |
| Whether §6305 findings requirements were satisfied | Isidora contends detailed findings were required beyond the prior conviction | Silvino argues sufficient showing under §6305 | Court erred by substituting guilty plea for §6305 detailed findings |
| Constitutional due process concerns from without-notice issuance | Mutual order without notice to Isidora violated due process | Not explicitly addressed beyond §6305 text | Mutual order without notice is constitutional only with both parties’ requests and findings |
Key Cases Cited
- J.J. v. M.F., 223 Cal.App.4th 968 (2014) (abuse of discretion standard; background on DVPA restraint order context)
- Monterroso v. Moran, 135 Cal.App.4th 732 (2006) (detailed findings required for mutual DVPA orders)
- Marriage of Davis, Cal.4th (2015) (statutory construction of §6305; de novo review of legal questions)
- People v. Gutierrez, 58 Cal.4th 1354 (2014) (constitutional doubt canon; interpret statute to avoid invalidity)