It is not uncommon for a couple in the process of divorcing to become contentious, and in some cases, contention can lead to violence. Frequently, both parties commit acts of domestic violence, and therefore, the California courts are permitted to enter mutual domestic violence restraining orders. In the recent case of Manishkumar and Ankola decided by the Court of Appeal of the Sixth District of California, the court discussed when a court has the authority to issue a mutual restraining order. It is prudent to meet with a skilled California family law attorney if you have been accused of domestic violence or are a victim of domestic violence.
Factual and Procedural Background
In the case, the husband and wife married in June of 2014, but their relationship quickly deteriorated. The husband filed a petition to nullify the marriage in December of 2015, alleging that the marriage was fraudulent. The wife filed numerous requests for domestic violence restraining orders against her husband. One of the orders was granted, and the court issued a domestic violence restraining order with a five-year duration against the husband. Then, in August of 2017, the husband filed a request for a domestic violence restraining order against his wife. The wife filed a written response to the husband’s request in which she denied her husband’s allegations, but she did not file her own request.
It is alleged that in February of 2018, a hearing was held on the matter. Husband and wife both testified regarding various acts of domestic violence each party committed. Following the hearing, the court stated it was going to issue a finding that each party committed acts of domestic violence, and enter a mutual restraining order. Thus, the court entered a restraining order against both husband and wife. The husband appealed.