Valerie G. v. Louis G.
11 Cal. App. 5th 773
| Cal. Ct. App. | 2017Background
- Valerie filed for dissolution and sought a domestic violence restraining order (DVRO) alleging Louis had physically injured her; Louis opposed and sought custody.
- Valerie submitted photos and a doctor’s report documenting bruises and a chin injury from several confrontations.
- Louis testified Valerie repeatedly seized or hid his electronic devices and physically assaulted him attempting to take them back on multiple occasions.
- At hearings, Louis described using limited force (e.g., "nipping" her thumb) to free his airway and to recover devices; some of Valerie’s injuries (knee, tailbone, bruises) resulted during struggles instigated by Valerie.
- The trial court found Valerie was the primary aggressor in the incidents and that Louis used only reasonable, nonexcessive force, and therefore denied the DVRO.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether injuries intentionally or recklessly inflicted by Louis necessarily constitute "abuse" under Fam. Code § 6203(a)(1) such that a DVRO must issue | Valerie: Proof that Louis intentionally or recklessly caused bodily injury is sufficient to establish "abuse" and require a DVRO | Louis: His conduct was reasonable self-defense/defense of property; force was not excessive, so it is not "abuse" under § 6203(a)(1) | Court affirmed: injuries inflicted in reasonable self-defense or defense of property are not "abuse" under § 6203(a)(1); trial court’s factual findings supported denial of DVRO |
Key Cases Cited
- Calvillo-Silva v. Home Grocery, 19 Cal.4th 714 (1998) (explains privilege to use necessary force in self-defense and that reasonable force negates culpability)
- J.J. v. M.F., 223 Cal.App.4th 968 (2014) (applies self-defense principles under Fam. Code § 6305 and rejects restraining order where petitioner acted in reasonable self-defense)
- People v. Myers, 61 Cal.App.4th 328 (1998) (use of reasonable force to resist a battery may be lawful even if it causes injury)
- Vaughn v. Jonas, 31 Cal.2d 586 (1948) (reasonableness of force judged by all circumstances)
- Riffel v. Letts, 31 Cal.App. 426 (1916) (permitted retaking of property obtained by force)
- Frickstad v. Medcraft, 100 Cal.App. 188 (1929) (owner may use reasonable force to protect property)