17 Cal. App. 5th 1208
Cal. Ct. App. 5th2017Background
- Priscila N. obtained a three‑year juvenile‑court domestic violence restraining order (DVRO) against her then‑husband Leonardo G. after violence in front of their children; the juvenile court included the DVRO in its exit order transferring the case to family court.
- After jurisdiction terminated, Leonardo repeatedly violated the DVRO and family‑court orders by appearing at Priscila's home and demanding access to the children.
- Before the juvenile DVRO expired, Priscila filed form DV‑700 in family court seeking renewal under Family Code § 6345 and attached evidence of violations; clerks also provided form DV‑100 for an initial order.
- The family court initially granted a permanent renewal but later vacated that renewal (in counsel’s absence), holding it lacked jurisdiction to renew a DVRO originally issued by the juvenile court under Welfare & Institutions Code § 213.5.
- Priscila appealed; the family court later issued a separate three‑year initial DVRO under the Domestic Violence Prevention Act prior to this appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether family court may renew a DVRO originally issued by the juvenile court under Fam. Code § 6345(a) | Family court has authority to renew juvenile DVROs; statutes should be read to allow renewal and avoid retraumatizing victims | Family court lacks power to renew orders issued under Welf. & Inst. Code § 213.5; renewal is available only under DVPA procedures | Family court has jurisdiction to renew juvenile‑court DVROs under Fam. Code § 6345(a); reversal and remand with direction to renew for five years or permanently |
| Whether vacating the earlier renewal in counsel’s absence violated due process | Due process was violated by recalling the case and vacating the renewal without counsel present | Court did not decide because of perceived lack of jurisdiction | Moot — court did not address due process claim in light of statutory ruling |
Key Cases Cited
- Garcia v. Escobar, 17 Cal.App.5th 267 (court held family court may renew juvenile DVROs under Fam. Code § 6345(a))
- Ritchie v. Konrad, 115 Cal.App.4th 1275 (renewal of DVRO does not require showing of further abuse)
- Lister v. Bowen, 215 Cal.App.4th 319 (violation of a restraining order supports renewal)
- Mt. Hawley Ins. Co. v. Lopez, 215 Cal.App.4th 1385 (statutory interpretation principles; reasonableness guides construction)