Herriott v. Herriott

This case involved a divorced, elderly couple who each requested a restraining order against the other. The trial court granted both requests and ex-husband appealed.The court affirmed and held that the trial court did not abuse its discretion in issuing a domestic violence restraining order (DVRO) against ex-husband, because there was substantial evidence of his past acts toward ex-wife, which constituted threatening and harassing behavior; "dwelling" in Welfare and Institutions Code 15657.03, subdivision (b)(4)(B), encompasses the residence, i.e., apartment unit of the protected person, and not the entire apartment building; the trial court's issuance of the DVRO and elder abuse restraining order (EARO) did not amount to mutual restraining orders that required specific findings of fact; and, although ex-wife's attachment of a confidential custody evaluation report to her appellate belief was sanctionable conduct, the court refrained from imposing sanctions as it would create an unreasonable financial burden on her. View "Herriott v. Herriott" on Justia Law