15
Nov

Family Code section 6305 authorizes the family law court to issue mutual restraining orders upon the request of each party, and each party personally appeared and presented written evidence of abuse in an application for relief on a mandatory Judicial Council form. The trial court must also make detailed findings of fact that neither party acted primarily in self-defense and both acted as primary aggressors. 

In a recent decision, in Re Marriage of Ankola, the Court of Appeals found that the trial court erred in issuing mutual restraining orders against a pair of husband and wife when only the husband had filed a request for restraining order and the wife merely filed a response to said request. To avoid a problem in seeking a mutual restraining order when you are not the initial filer, you must also file your own restraining order and set forth evidence supporting it.  

Restraining orders have serious consequences against the restrained party in a divorce or custody case. The restrained party must overcome the presumption that he/she is not to have sole or joint custody of a child from the relationship or marriage. If married, the restrained party may lose his/her crucial rights to receive alimony in the divorce action.  

Given the serious consequences of a domestic violence restraining order, you should have a competent and experienced lawyer to guide you through the process. With over ten years of experience in family law court, we can help you navigate the legal system with strategies and compassion. Our firm serves the cities of Torrance, Palos Verdes, Rolling Hills Estates, Manhattan Beach, Redondo Beach, Long Beach and surrounding areas.