Jul. 24, 2026
4th District says hearing time limits don't justify dismissing domestic violence petition
The Court of Appeal ruled that family judges cannot dismiss domestic violence restraining order petitions simply because an evidentiary hearing runs longer than scheduled, reviving a San Diego woman's case and reinstating her temporary restraining order.
A family court cannot dismiss a domestic violence restraining order petition solely because a hearing exceeds its allotted time, the 4th District Court of Appeal ruled Monday in a published decision limiting judges' authority to dispose of unresolved DVRO cases for scheduling reasons.
The unanimous panel revived a San Diego County petition dismissed "in the interest of justice" after an evidentiary hearing ran longer than scheduled. The court also reinstated the temp...
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