Fischer v. Fischer (2018) 22 Cal.App.5th 612 – De-Published

On 25 July 2018 the Supreme Court of California acted in opposition to the California Court of Appeal, First District (San Mateo) by de-publishing a case that had previously been certified for publication in April 2018.  The case, Fischer v. Fischer (2018) 22 Cal.App.5th 612, was a Domestic Violence matter and held that Family Code §6203 does not impose strict-liability for striking a spouse.  Rather intent to injure is required for a Domestic Violence Restraining Order to lie.  Further, that damaging personal property while alone did not warrant issuance of a Domestic Violence Restraining Order.  Finally, that Wife’s reading and disclosing Husband’s text messages to four close friends was not “disturbing the peace” under the Domestic Violence Prevention Act.  The de-publication means the case may not be relied on or cited in another court.  However the opinion still has value as to statutory explanations of the Domestic Violence sections of the Family Code.