The meaning of the phrase “disturbing the peace of the other party” may be understood as conduct that destroys the mental or emotional calm of the other party (Burquet v. Brumbaugh, Phillips v. Campbell and Qing Hui Gou v. Bi Guang Xino).
Evidence of mental abuse may be the basis for a protective order under the Domestic Violence Protective Act (“D.V.P.A.”). Mental abuse is relevant evidence in a D.V.P.A. proceeding. Controlling behavior and threats may be sufficient evidence to demonstrate the destruction of a party’s mental and emotional peace. (Rodriguez v. Menjvar).
Conduct that disturbs the peace of another, or that causes another to be in reasonable fear of imminent serious bodily injury, will justify a DVPA restraining order (Qing Hui Gou v. Bi Guang Xino and Perez v. Torres-Hernandez).