Curcio v. PelsAnnotate this Case
The Court of Appeal reversed a restraining order issued against defendant under the Domestic Violence Prevention Act (DVPA). The court agreed with defendant that the trial court's finding that she disturbed the peace was not supported by substantial evidence. In this case, the single, private Facebook post accusing plaintiff of abusing her, was insufficient to support the issuance of a domestic violence restraining order. The court also held that the remaining allegations do not support issuance of the restraining order because the trial court improperly
shifted the burden of proof to defendant. Finally, the trial court abused its discretion when it extended the restraining order for an additional year.