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Cal. Fam. Code § 6305 : CALIFORNIA FAMILY CODE — PREVENTION OF DOMESTIC VIOLENCE — PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS — GENERAL PROVISIONS — Mutual order prohibiting both parties from specific acts
(a) The court shall not issue a mutual order enjoining the parties from specific acts of abuse described in Section
6320 unless both of the following apply:
(1) Both parties personally appear and each party presents written evidence of abuse or domestic violence in an application for relief using a mandatory Judicial Council restraining order application form. For purposes of this paragraph, written evidence of abuse or domestic violence in a responsive pleading does not satisfy the party's obligation to present written evidence of abuse or domestic violence. By July 1, 2016, the Judicial Council shall modify forms as necessary to provide notice of this information.
(2) The court makes detailed findings of fact indicating that both parties acted as a primary aggressor and that neither party acted primarily in self-defense.
(b) For purposes of subdivision (a), in determining if both parties acted primarily as aggressors, the court shall consider the provisions concerning dominant aggressors set forth in paragraph (3) of subdivision (c) of Section 836 of the Penal Code.
Ca. Fam. Code § 6305
Amended by Stats 2015 ch 73 (AB 536),s 1, eff. 1/1/2016.
Amended by Stats 2014 ch 635 (AB 2089),s 6, eff. 1/1/2015.
