Mutual Domestic Violence Restraining Orders
Mutual domestic violence restraining orders may be needed to protect both parties from each other. Domestic violence can be a major problem in family law cases. Acts of domestic violence often lead to one spouse filing for a domestic violence restraining order. And then, possibly, the other spouse doing the same.
Mutual domestic violence restraining orders limit the conduct of both parties. These limitations protect the peace and safety of both parties. These orders restrict the conduct of both parties which may include a “no contact order” or a “peaceful contact order.”
California Family Code § 6305 provides that the court may not issue mutual domestic violence restraining orders unless both parties personally appear, each presents written evidence of abuse or domestic violence, and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. This the applications of this code has been further discussed before the California Court of Appeals. That court explained the procedural and substantive standards for issuance of mutual domestic violence restraining orders.
Court of Appeals Case
Citing Isidora M. v. Silvino M., 239 Cal.App.4th 11 (2015). Wife, Isidora, filed a request for a domestic violence restraining order against her husband, Silvino. Silvino’s responded that he did not agree to his wife’s request for a domestic violence restraining order and provided evidence that Isidora had been arrested for spousal battery and was subject to a criminal protective order. However, Silvino failed to request his own domestic violence restraining order against Isidora. After an evidentiary hearing on the matter, the result was that the trial court issued a five year mutual restraining order protecting both parties from each other. Upon review, the Court of Appeals held that a trial court may issue mutual domestic violence restraining orders only if both parties have filed requests for such relief. The purpose of this rule is to give necessary notice to the opposing party and provide the opposing party with the opportunity to defend against the entry of a restraining order.
Court of Appeals Findings
The Court of Appeals also held that a trial court may not substitute the bare fact of a guilty plea to domestic violence for detailed findings of fact indicating that a party acted as the primary aggressor and not primarily in self-defense. It was error for the trial court to issue mutual domestic violence restraining orders by relying on Isidora entered plea without first determining the facts of the case.
CALL NOW TO MAKE AN APPOINTMENT
For more information on domestic violence, click on one of the following links: