Perez v. Torres-Hernandez
Annotate this CaseIn 2010, Perez sought a domestic violence restraining order (DVRO) against Torres-Hernandez to stay away from her and their eight and two-year-old daughters. Perez and Torres-Hernandez had been in a relationship for 10 years. Perez claimed many instances of physical and emotional abuse. The court issued a three-year restraining order, providing sole physical custody of the children to Perez, and weekend visitation to Torres-Hernandez. In 2011, Perez sought to modify the order to include protection for her children. Perez claimed that during Torres-Hernandez‘s visits with the children, he had physically abused them. The court suspended visitation between Torres-Hernandez and the younger daughter; ordered supervised visitation with the older daughter; and amended the order to prohibit Torres-Hernandez from making contact with Perez including phone calls, e-mails, and text messages. In 2013, Perez unsuccessfully sought permanent renewal of t order. The court of appeal reversed the denial. The trial court erroneously concluded that: there must be new evidence of abuse or threatened abuse to renew the order, and Torres-Hernandez‘s past abuse or violations of the existing order did not support renewal; the evidence of new abuse must be physical in nature; and evidence of abuse of the children was not relevant to the DVRO renewal.
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