Gou v. Xiao
Annotate this CaseIn 2007, husband and the parties’ then 8-year-old son came to the U.S. Wife joined the family in 2011 when her immigrant visa was approved. In 2012, wife filed a judicial council form, ex parte, requesting a Domestic Violence Prevention Act (DVPA), Fam. Code, 6200, order in favor of herself and the then 13-year-old child. In her attached declaration, wife described in detail three incidents of past abuse allegedly perpetrated by husband. A social worker had arranged for wife and the child to relocate to a domestic violence shelter outside of Alameda County. The trial court issued a temporary DVRO, which was continued to allow additional time to submit additional documentary evidence. The court later concluded it had no statutory authority to consider the DVRO request brought solely in wife’s name as “she is not apparently the victim of domestic violence.” The court of appeal remanded, stating that the facial adequacy of wife’s allegations showing that she was abused within the meaning of the DVPA divested the court of discretion to summarily deny her application.
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