Lugo v. CoronaAnnotate this Case
Criminal and civil protective orders may coexist, and the issuance of one does not bar the other. Plaintiff challenged the family court's denial of her request for a domestic violence restraining order (DVRO) against her husband. The family court concluded that a DVRO was not necessary because a criminal protective order was already in place.
The Court of Appeal reversed and held that the Domestic Violence Prevention Act (DVPA) makes clear that both criminal and civil protective orders may coexist and address the same parties. Furthermore, the Penal Code also acknowledges that criminal and civil protective orders may address the same parties. Therefore, the trial court erred in summarily denying plaintiff's DVRO request.