Rivera v. Hillard
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While their marriage dissolution proceeding was pending in Virginia, David and Joanna filed dueling requests for domestic violence restraining orders in Marin County Superior Court under the Domestic Violence Prevention Act (DVPA), Family Code section 6200. After a trial, the family court found both parties had committed domestic violence and issued mutual restraining orders. The court also found that Joanna had obtained orders temporarily excluding David from his residence under false pretenses, and then damaged and confiscated substantial amounts of David’s property, so it conducted a second hearing on restitution and issued a substantial award.
The court of appeal affirmed. The court rejected Joanna’s arguments that the restraining order did not include findings, required by section 6305(a)(2), to support mutual restraining orders; that the court exceeded its authority under section 6342 in awarding restitution for confiscated items; that the court’s decisions were driven by bias (in violation of Joanna’s right to due process) and a lack of “informed discretion”; and that the court intruded on the jurisdiction of the Virginia court presiding over the parties’ dissolution case and failed to accord “full faith and credit” to its orders. She also, unsuccessfully, asserted that certain findings are not supported by substantial evidence,
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