From H.B. v. F.K., decided Monday by the California Court of Appeal (Superior Court Judge Ruth Ann Kwan, joined by Justices Victoria Chavez & Brian Hoffstadt):
H.B. obtained a domestic violence restraining order (DVRO) against her estranged husband, appellant F.K., pursuant to the Domestic Violence Prevention Act (DVPA). The trial court issued the DVRO on the grounds that appellant "called the mother of his children 'fat,' 'lazy,' 'trailer trash.'" The trial court misinterpreted the purpose and scope of the DVPA, which "prevent[s] acts of domestic violence, abuse, and sexual abuse." Puerile name-calling by a spouse is lamentable but does not warrant a DVRO. We reverse….
