Molinaro v. MolinaroAnnotate this Case
Husband appealed a restraining order issued under the Domestic Violence Prevention Act (DVPA) commanding him, among other things, to stay at least 100 yards away from his wife and three children. The Court of Appeal held that the part of the restraining order prohibiting husband from posting anything about his divorce case on Facebook constituted an overbroad, invalid restraint on his freedom of speech. Accordingly, the court reversed that provision and directed the trial court to strike it from the restraining order.
The court affirmed the restraining order in all other respects, holding that substantial evidence supported the trial court's abuse finding; husband forfeited his void for vagueness challenge to the DVPA; the restraining order properly included the adult daughter as a protected person; and the trial court properly ordered husband to participate in an anger management program as a restrained party under the DVPA.