In a recent California domestic violence case, the court issued mutual restraining orders against both parties involved. In this case, the accuser filed a restraining order against the accused while the accused attempted to have the restraining order set aside. The court decided to order mutual restraining orders after finding that both parties committed acts of aggression against each other.
The accuser appealed the decision of the court. After reviewing the details of the case, the court decided to reverse the restraining order against the accuser while affirming the restraining order against the accused.
Unlike other kinds of restraining orders where only one party may be at fault, both parties are generally held to be at fault when mutual restraining orders are issued. Mutual restraining orders can change the course of a domestic violence case and can be appealed. Therefore, it is important to hire an experienced Wallin & Klarich family law attorney to represent you in your case.
When Can Mutual Restraining Orders Be Made?
Under California Family Code Section 6300 (also known as the Domestic Violence Prevention Act), a court may issue an order “with or without notice, to restrain any person for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved, if an affidavit or, if necessary, an affidavit and any additional information … shows, to the satisfaction of the court, reasonable proof of a past act or acts of abuse.”
Under California Family Code Section 6305, the court is able to issue mutual restraining orders when:
- Each party has presented written evidence of domestic violence or abuse;
- The court finds that both parties acted as aggressors; and
- The court finds that neither party had acted primarily out of self-defense.
What Happens When Mutual Restraining Orders Are Made?
Mutual restraining orders prevent both parties in a case from communicating with each other and may prohibit them from coming a certain distance from one another. Both parties must voluntarily submit to the terms of the mutual restraining order.
What Happens When Mutual Restraining Orders Are Violated?
If you violate a mutual restraining order, you can be held in contempt of court and extra court fines. If you are held in contempt of court, you can be sentenced to serve time in jail or be ordered to pay court fines. In addition, the court can order that you be denied visitation with your minor children.
If the mutual restraining order pertains to child custody, child custody rights and child visitation rights may be affected. It is important to have an experienced Wallin & Klarich attorney to explain the details of your case and work with you to determine the best course of action for you to take.
Call the Family Law Attorneys at Wallin & Klarich Today
If you or a loved one wants to contest or file a restraining order, it is critical that you speak to an experienced family law attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling restraining orders in Southern California. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California family law attorney near you no matter where you live or work.
Call us today at (888) 749-7428 for a free phone consultation. We will be there when you call.