Mutual Restraining Orders

In Conness v. Satram the court evaluated whether the trial judge can issue restraining orders against each party in the same case.

FACTUAL BACKGROUND LEADING TO THE ISSUANCE OF TWO RESTRAINING ORDERS
The parties in this case had been in a volatile dating relationship for several years. The female obtained a restraining order against the male. After several years, the male then requested his own restraining order against the female.

RESTRAINING ORDER PROCEEDINGS
The trial court issued a restraining order against the female finding that there was sufficient evidence of harassment even though a restraining order had already been issued against the male.

APPEAL OF THE ISSUANCE OF THE RESTRAINING ORDER AGAINST THE FEMALE
The female challenged the trial court’s ruling and argued that when one restraining order is granted and the restrained party files a second restraining order, additional requirements must be met before a trial court can issue a restraining order against the protected party. The First District Court of Appeal disagreed with the female stating that the procedural requirements of mutual restraining orders makes it almost impossible to comply with the requirements when the restraining orders were filed and ordered separately. The Appellate Court acknowledged that when both parties are in one hearing asking for mutual restraining orders, both parties must be present at the hearing and the court makes detailed findings that mutual restraining orders should issue. However, when the restraining orders are filed separately, the court is not bound by the same guidelines.

If you need a divorce attorney in the Orange County area to address applications for restraining orders or the dissolution of a marriage or any other divorce matter such as legal separation, annulment, child custody, spousal support and/or property division, contact our law office located in Laguna Hills. Conveniently located off of the 5 and 405 freeway at Lake Forest.

Treviño Law
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716-2102

Visit us at
www.LawintheOC.com

Please note that the posting of this information does not constitute legal advice for the issuance or non-issuance of a restraining order in Orange County. Facts and circumstances of the dissolution proceedings may alter the required action and analysis in any given family law case.
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