CALIFORNIA FAMILY LAW
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Domestic Violence
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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.