Restraining Orders are so common that when one is served a restraining order by their spouse, the other spouse wants to file one against the protected party (ie mutual restraining orders) as well. While this may be a knee jerk reaction, the legislature has clarified what conditions must be met before a court will grant a mutual restraining order.
Family Code 6305 provides that each party must present written evidence of abuse or domestic violence in an application for relief using judicial council forms, and that a responsive pleading to the initial restraining order does not satisfy the party’s obligation to present written evidence of abuse or domestic violence in an affirmative pleading.
So the take away is, if you want a mutual restraining order and have been served with one, you must take proactive steps using the proper forms, and can not just ask for one in responsive pleadings to what has been served.
The Law Office of Thomas Hogan is here to help. Feel free to contact us if you are considering a divorce from your spouse, a legal separation, or have questions regarding domestic violence restraining orders. Thomas P. Hogan is a Family Law Specialist in Stanislaus County who is also a licensed Certified Public Accountant (CPA). Don’t settle for less when determining your rights. Call (209) 492-9335 in Modesto California.