CALIFORNIA FAMILY LAW
...Domestic Violence
......DVPA: Protective Orders/TROs
.........Mutual TROs
5 Cards On This Topic:
  • Requirements for mutual conduct restraining orders.
  • Trial court may issue a mutual DV RO under FC §6305 only if both parties filed requests for such relief, so as to give the requisite notice to the opposing party.
  • Abuse of discretion to include P in mutual RO where statutory requisites not met: Evidence showed she did not primarily act as aggressor and she acted in self-defense.
  • Unless trial court makes detailed findings required by FC 6305, it acts in excess of its jurisdiction by entering mutual restraining order.
  • Error to grant mutual non-DVPA TROs w/o evidence to support.