Mutual restraining orders offer protection to two parties at the same time. The parties are prohibited from contacting each other or doing anything that could harm each other. Although these types of restraining orders are rare, a California court can grant one if there are sufficient grounds to prove that two parties require protection from each other. An effective mutual restraining order will protect personal assets and property and prevent further conflict between the protected parties.

If you file for a restraining order against a person, and they also file a similar order against you, a judge can issue a mutual protective order. It helps to take time to understand how such an order works, its benefits, and your rights. A skilled restraining order lawyer can also help you understand the provisions of the order against you to avoid violations, which could result in additional legal problems.

An Overview of Mutual Restraining Orders

Mutual restraining orders are court-issued protective orders that restrain two parties against each other. It is usually not a single order, but two separate protective orders issued together by the same court. It has one party designated as a protected person in one order and the restrained person in the other. Simply put, this is a type of protective order in which both the protected and the restrained persons are ordered to stay away from each other.

A mutual protective order can contain different orders, depending on the underlying matter between the two parties. It may prevent the parties from abusing, harassing, or molesting each other, or from interfering with one another’s privacy or rights. It instructs both parties on what is expected of them during the order period, including not contacting or coming within proximity of each other.

In most cases, a mutual order arises when one person files for protection against another, and the defendant files a counter-appeal against the plaintiff. California courts do not issue mutual restraining orders right away after two parties file for protection against each other. It must determine whether the alleged plaintiff has also harassed or abused the alleged abuser. In this case, the judge will hold a hearing to determine the underlying matter. In this hearing, the two petitioners must appear.

The court will review both petitions and hear from both parties to understand the underlying matter and determine whether there is a petitioner and a defendant in the case. If the parties are victims and aggressors in equal measure, a mutual protective order may offer the protection each deserves. In some cases, the parties agree to a mutual order even before a hearing is held. The judge must understand the underlying issues well to grant or deny the petition. A mutual protective order will only be issued if the parties need protection from each other.

Reasons Mutual Restraining Orders are Uncommon in California

Although California courts issue mutual restraining orders in appropriate cases, such protective orders are not common. They are generally viewed as a danger to true victims, especially in domestic violence cases. A true victim of violence deserves a court’s protection, and not an order of protection against them. State laws and courts view them as unfair to actual victims.

This explains why the law strictly regulates the issuance of these orders. There are requirements the petitioners must meet to qualify for a mutual order. They include the following:

• Simply agreeing to get a mutual protective order is not sufficient for a court to grant one. The parties must demonstrate, with evidence, that they need protection from each other.
• The court must establish that both parties are primary aggressors in the case, and that neither was acting in self-defense. If one party acted aggressively in self-defense, they become the victim, in which case the court cannot issue a mutual order.
• The two parties must file separate petitions to the court. When the court receives the petitions, the judge must investigate the case and issue two separate written findings. The findings must support a conclusion that both parties are primary aggressors and deserve protection from each other.

Even when all these conditions are met, courts have to carefully consider the practical and legal risks to victims of violence before issuing a mutual protective order. Some of the risks that need careful consideration include the following:

• The risk of false equivalence by mutual restraining orders that both parties are equally responsible for violence or harassment. The truth is that this is rarely true
• The risk of weaponizing abusers or giving them sufficient grounds to continue controlling or abusing victims
• The risk of disqualifying victims from accessing advocacy services, domestic violence shelters, or legal support, which happens when a victim is also labelled as an aggressor
• The risk of victims facing serious immigration consequences when they are also considered equally violent

When a person files for a restraining or protective order, the court must find that the person is the victim and that the other party is the aggressor. This should happen even if the alleged defendant files a counter-appeal against the alleged plaintiff. A judge’s primary response would be to grant one restraining order or deny both applications. Only after a thorough investigation should a judge issue a mutual order. This should be done for the best interests of both parties.

Circumstances Under Which a Court Can Issue a Mutual Protective Order

A California court can issue a mutual protective order in any harassment, stalking, or violence situation. This includes the following:

• Domestic violence situations, where both parties are closely related to each other.
• In family law or divorce disputes, mainly when there is an ongoing dispute between partners
• In high-conflict custody disputes, when both parties accuse each other of abuse or violence

If the parties qualify for protection against each other, the judge will issue a mutual protective order with the following key aspects:

• An order that offers mutual protection to each other. This means that the parties must not contact one another or interfere with each other’s life, privacy, or rights for the period of the order.
• The order will be court-issued, meaning that the petitioners must appear before a judge and present evidence to support their separate petitions. You can have legal representation during the hearing to ensure that your rights are respected and your best interests are considered in the final ruling.
• The order can provide asset protection in the event of a conflict. Its provisions may prohibit both partners from accessing, interfering with, or making decisions regarding each other’s properties or assets.
• The order will also include consequences for violations, including arrest and criminal charges that could result in imprisonment or a hefty court fine.

Note: Just like other restraining orders, a mutual protective order can be permanent or temporary. A temporary order will remain in effect for a few days before the underlying case is determined. The court can lift the temporary order after the final verdict, or issue a permanent one if there is a need to keep the parties separate for a longer time. A permanent order can remain in effect for three to five years.

Protections Offered Through Mutual Restraining Orders

You can get several protections from a mutual protective order, depending on the underlying issue between you and the other party. These are the standard prohibitions courts issue through these orders:

• Prohibition from threatening or harming each other, or the other party’s close family member, including their child, sibling, parent, or someone they live in the same household with.
• Prohibitions from contacting each other in any way, whether directly or indirectly. You establish direct contact when you reach out to the other party via text, phone, email, or social media. Indirect contact occurs when you contact them through a third party.
• An order to separate the two parties, especially if you have been living together with the other party. The court will order one party out of the shared residence.
• If the parties are parents and a child is involved, there may be a court order specifying who will have temporary custody and how the two parties will share the children’s needs.

The judge may also issue a directive on how the non-custodial parent will visit the children under supervision. This ensures that the children's best interests are served, regardless of the underlying issues between the parents.

• If the parties are a couple, and one earns more than the other, the judge could also include an order for temporary spousal support or alimony. This ensures that the needs of the low-income party are addressed before a final determination is issued in their case.
• If the parties have an underlying issue that is a key contributor to their problems, like mismanaged anger, or alcohol and drug abuse, the judge could include an order for them to undergo counseling or treatment.
• A prohibition not to sell, harm, destroy, or withhold any property or pet that the parties jointly own.
• An order for one party to remove their personal properties from the other party’s home to prevent any form of contact within the period of the order

Generally, there are four types of conditions in a mutual protective order:

• A no-contact condition between the two parties
• A stay away order, whereby both parties are ordered to stay within a particular distance of the other party
• No threats or harassments
• Firearm restrictions for both parties, especially if there was violence

The Enforcement of Mutual Restraining Orders

A restraining or protective order must be clear and practical for effective enforcement. Thus, the parties must take time to understand the provisions of the mutual restraining order. They must understand the dos and don'ts and the consequences of violating any of the orders. Unfortunately, some parties will always try to violate a court-issued order to take revenge against the other party. In this case, the court must be ready to act when a violation occurs to prevent further harm and minimize interruptions, especially if there is a pending case between the two parties.

When a judge signs a mutual protective order, they must provide a reason for restricting both parties rather than restricting one and protecting the other. They will outline why both parties are considered primary aggressors. This makes both parties responsible in case of a violation. Since both parties are present when the court issues the restraining order, neither party is responsible for serving the other. This means the order takes effect immediately upon issuance by the judge. You can be charged with a violation immediately after the issuance if you violate any of the provisions while still within the court premises.

Both parties are responsible for reporting any violation of the restraining order to the court. If one partner contacts the other, visits their home, workplace, or any location close to where they live or work, the other partner can report the violation to the police. Law enforcement officers can arrest the party that violates a mutual protective order and charge them with a crime. However, this can cause confusion, since both parties in a mutual protective order are considered aggressors. When the two parties meet in a common place, it becomes difficult to tell who has violated the order. This confusion could result in the actual aggressor getting away with a violation.

Additionally, the absence of a specific primary aggressor in a mutual protective order may prevent a victim from reporting a violation to the police. That is why the law always advocates for finding the primary aggressor in a restraining order application, as the person who is likely to abuse or violate a restraining order. If the parties are considered aggressors, it may be difficult for the police to investigate a violation, especially if neither admits to violating the order.

Additionally, a mutual order must be clearly detailed for effective enforcement. The court should specify prohibited areas, distances, and actions by both parties. Every part’s obligation must be explicitly outlined in the other to prevent confusion.

If there is sufficient evidence of a violation, the prosecutor can file criminal charges against the perpetrator. The judge may also hold them in contempt of a court order, which could result in jail time and a court fine.

The Disadvantages of Mutual Restraining Orders

Before agreeing to a mutual protective order, it is important to understand its disadvantages. These types of protective orders do not always work and could favor one party at the expense of the other. Consulting a skilled restraining order lawyer helps you understand whether this type of order is in your best interest before agreeing to it. Here are some of the disadvantages you should know about:

A Victim is Considered an Offender

If you are a victim of harassment or abuse, you deserve protection and not a restraining order issued against you. If you have acted violently towards your abuser, it could make sense why they would file for protection against you. However, if that was a one-time incident or you acted the way you did to protect yourself, you must fight any attempt by your abuser to get a mutual protective order. When you are considered a victim, the court will not be able to protect you in case the actual perpetrator violates the order.

Mutual Restraining Orders are Hard to Enforce

The police struggle to enforce a restraining order in which both parties are considered primary aggressors. Remember that in the event of a violation, it may be difficult for the police to take sides, especially since the order does not specify the protected person. It could be difficult for the police to determine who violated the order first or who is at fault. Your word alone is insufficient, since you are also considered an aggressor in the order.

It Can Impact Custody Matters

If you are in the process of a legal separation or divorce and have a child with the other party, a mutual order may affect custody matters. Remember that a mutual protective order considers both parties aggressors. The court may determine that both of you are unsafe around your children.

It Can be Manipulated

If you agree to a mutual order with a malicious person, they can manipulate or provoke you into violating the order to get you into trouble with the law. For example, if they contact you and you respond, you are both in violation of the order. They can trick you into meeting them or coming close to them just to get you into trouble.

Find a Competent Restraining Order Lawyer Near Me

If you file for a restraining order against a person in Los Angeles, and the person files a counter-appeal against you, the court can issue a mutual protective order. However, this only happens if there is sufficient evidence that both of you need protection from each other. The order will prevent you from contacting each other and protect your rights, privacy, and assets. However, there are advantages and disadvantages of agreeing to this kind of restraining order.

At Goldman Flores Restraining Order Law Firm, we advise for or against mutual restraining orders, depending on the underlying issue between two parties. We can help you determine whether it is in your best interests and assist you through all legal processes. Call us at 213-341-4087 to learn more.