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David D. Diamond State Bar Certified Criminal Law Specialist

Mutual Restraining Orders

When you appear for a domestic violence restraining order, the Judge can grant mutual restraining orders on a very limited basis. Family Law Code section 6305 states that, "the court may not issue a mutual order enjoining the parties from specific acts of abuse described in Section 6320 (a) unless both parties personally appear and each party presents written evidence of abuse or domestic violence and (b) the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense." What this basically means is that courts can rarely order mutual orders unless there is a clear factual finding that BOTH parties were primary aggressors.