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Alvarez v. Silva (2021)

California Court of Appeal reverses mutual domestic violence restraining order entered against our client.

Reina Alvarez appealed from the trial court’s decision to issue a mutual domestic violence restraining order against her and her ex-husband Alber Silva. Reina asserted that the court erred because it (a) failed to make findings that both parties were primary aggressors and that neither acted primarily in self-defense, (b) lacked substantial evidence to support a restraining order against Reina, and (c) made multiple evidentiary errors.

The Court of Appeal reversed the restraining order against Reina and remanded for further proceedings, leaving the restraining order protecting Reina from Alber intact. The court concluded that the trial court lacked jurisdiction to issue a restraining order against Reina without making the required detailed findings of fact.

Related Attorneys

Alvarez v. Silva (2021)

Jeremy B. Rosen

Partner San Francisco

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