G. v. M., 156 Cal. App. 4th 413 (2007)

Petitioner G. sought a temporary restraining order against her former partner, M., alleging repeated acts of violence, including physical abuse and harm to her young child.  The trial court granted a temporary ex parte order excluding M. from contact with G. and her child, and awarded G. full custody without visitation. At a later hearing (where both parties appeared self-represented), the court declined to enter permanent custody or visitation orders, citing procedural limits without a paternity action, despite M. denying parentage. G. appeared confused by this explanation and raised the issue of child support. Later, the court granted M. supervised visitation, even amid the abuse allegations. The Court of Appeal reversed, holding the trial court violated California's Domestic Violence Prevention Act by failing to ensure the child’s safety through permanent custody and appropriate protective orders. The appellate court emphasized that in cases involving unrepresented litigants and potential harm to children, trial judges must take a proactive role in eliciting facts and ensuring compliance with statutory safety mandates.

Topics

• Domestic and intimate partner violence

Geographical location

• North America
• United States
• California

Keywords

• child custody
• restraining order
• unrepresented

Year

• 2007

External URL

• G. v. M., 156 Cal. App. 4th 413 (2007)

Court

• California Court of Appeal

Type

• Domestic Case Law

Jurisdiction

• United States