Fischer v FischerAnnotate this Case
After having an affair, David petitioned to dissolve his 15-year marriage to Joannie. Joannie resisted and the parties attempted reconciliation, in connection with which the trial court would later conclude David gave “conflicting messages.” Meanwhile, Joannie heard David’s phone and saw a picture of the mistress. David walked in and confronted Joannie, who slapped him, scratching his neck, and in a subsequent confrontation grappling for the phone, shoved him. David moved for a domestic violence protective order. Following a lengthy hearing in which the court heard from seven witnesses, the court denied the request. The court of appeal affirmed. The Domestic Violence Prevention Act, Family Code 6340(a) gives courts discretion to deny a protective order even when abuse has been proven.” The court upheld findings that Joannie did not commit an act of abuse as defined in section 6203; Joannie’s discussion with her confidants was not unlawful harassment; denial of David’s request will not jeopardize his safety within the meaning of section 6340(a); and denial of David’s request will not impact the safety or welfare of the children.