Rybolt v. Riley

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The Court of Appeal affirmed the trial court's renewal of a domestic violence restraining order against defendant with whom plaintiff shared a minor child. The court held that the trial court was within its discretion to conclude that the totality of the evidence indicated it was more probable than not there was a sufficient risk of future abuse to find that plaintiff's apprehension was genuine and reasonable. Therefore, the trial court did not err in renewing the restraining order. The court also held that the trial court's order modifying the parenting plan to prohibit defendant from attending extracurricular activities during plaintiff's parenting time unless she gave him written permission was not vague and overbroad. Furthermore, the trial court did not abuse its discretion in modifying the order where it implicitly considered the child's best interest. View "Rybolt v. Riley" on Justia Law