Mutual Protective Orders
The issuance of mutual protective orders in misdemeanor or felony criminal domestic violence cases is not authorized by statute. Of note is the fact that a criminal court lacks jurisdiction over a victim who is not a party to the criminal case.With regard to civil cases, when mutual stay-away orders have been issued, the orders have been reversed absent evidence of abuse by the victim toward the defendant and notice to the victim that a mutual protective order is being considered. Family Code Section 6305 prohibits issuance of mutual protective orders in civil cases absent both parties appearing and presenting documentary evidence of abuse or domestic violence. The court must make detailed findings of fact indicating that both parties acted primarily as aggressors and that neither acted primarily in self defense. Mutual restraining orders can create difficult enforcement problems because law enforcement does not know who to arrest if there is an altercation, may arrest both parties or neither party. If you are arrested or charged with a domestic violence related crime, contact Christine McGuire, the Santa Cruz Domestic Violence Defense Attorney/ Lawyer, Santa Clara County Domestic Violence Defense Attorney/Lawyer.