There are times when two people get into an altercation and both file a request for a restraining orders against each other. In those situations, a court shall issue a mutual restraining order if it finds that both persons acted as a primary aggressor and that neither person acted in self defense. The Court is required to determine if either of the persons acted as a dominant aggressor. A dominant aggressor is one who is the most significant aggressor rather than the first aggressor. A family law judge must consider several factors in determining who was the dominant aggressor. The court must consider the following factors: (1) public policy favors the protection of victims of domestic, (2) whether or not threats were made by either party in the past, (3) the history of domestic violence, and (4) whether either person involved acted in self-defense.
If you need a divorce lawyer in the Orange County area to discuss the issuance of a restraining order or a divorce issue such as child support, custody, spousal support, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.
Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law Inc., an Orange County family law firm.
Please note that this legal advice does not establish a family law attorney-client relationship.