CALIFORNIA FAMILY LAW
...Domestic Violence
......DVPA: Protective Orders/TROs
.........Mutual TROs
11 Cards On This Topic:

Requirements for mutual conduct restraining orders.

Requests for mutual DVROs require court to determine the "most significant aggressor" by weighing the acts of DV against each other.

“Detailed findings of fact,” required for a mutual DV order, means sufficient factual findings or analysis such that a reviewing court can assess the factual or legal basis for ruling.

Trial court erred in issuing a mutual restraining order when wife had not filed a separate written request for one under Fam. Code §6305 (a)(1).

Issuance of a DVRO and an EARO did not amount to a mutual restraining order under FC §6305 such that specific findings of fact were required.

The requirement to make detailed findings in FC §6305 applies regardless of whether the orders arise from separate incidents.

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.

When two antagonistic parties separately apply for and receive restraining orders under DVPA on different dates, 2d application is not a request for a ••mutual•• order, subject to FC 6305 requirements.

Error to grant mutual non-DVPA TROs w/o evidence to support.