In S.M. v. E.P. (2010) 184 Cal.App.4th 1249, the appellate court concluded, without analyzing the "disturbing the peace" definition of "abuse" ( 6320, subd. (a)), that the trial court's description of the restrained party's behavior did not support a finding of abuse. (S.M., at p. 12604.) In fact, the trial court's statement that it would wait to see if there were "more incidents" before it relied on the presumption under section 3044, subdivision (a) that child custody would not be in the best interests of the restrained person's child suggested the trial court believed the restrained person "would have to engage in some additional behavior before the court would find that he engaged in domestic violence." (S.M., at p. 1268, original italics.)