Marriage of L.R. and K.A.Annotate this Case
After a two-day hearing, the trial court found L.R. (Mother) to be obsessive, aggressive, manipulative, and controlling of K.A. (Father) during a two-hour urgent care visit with the parties’ sick minor child - an incident described by the responding police officer as “boil[ing] down to being a child custody dispute.” The incident ended with Mother, who did not have physical custody, taking the child home in violation of the child custody and visitation order. Finding Mother’s conduct disturbed Father’s peace, the court issued a three-year domestic violence restraining order (DVRO) against Mother for Father’s protection and included the child as a protected party. The Court of Appeal concluded Mother’s conduct might have demonstrated poor co-parenting, but it did not rise to the level of destroying Father’s mental and emotional calm to constitute abuse within the meaning of the Domestic Violence Prevention Act (DVPA). Accordingly, the Court reversed.