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Can someone explain to me what this is referring to in a restraining order case

San Diego, CA |

"Judge may ask if Petitioner and Respondent agree to an Order of Protection without a finding of abuse"
I do not understand how a judge could grant a restraining order without finding abuse...on what basis can this happen. Aren't restraining orders based on evidence in the first place. If I understand the statement correctly, I guess any sane person would not agree to this when the judge mentions this at the beginning of the hearing is that right.

Attorney Answers 3


  1. The court is informing the parties of settlement options. Within some outer constraints, parties can agree to settle their case however they wish to do so with almost whatever terms they want. The Court is trying to make it more palatable for both sides to settle by providing the petitioner his or her protection order and avoiding for respondent the stigma of a finding that he or she actually committed the alleged form of violence. if a finding of abuse is nade, it nay be used in a civil lawsuit to prevent the other side from relitigatimg whether the violence occurred. www.taublawyers.com

    The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.


  2. The parties can agree to mutual restraining orders. We'd need to know much more about the case facts to state whether its a good idea or not. You should hire legal counsel and share your facts confidentially. We offer free consultations and are local.

    This answer does not create an attorney-client relationship between Jassim & Associates or any of its attorneys. We are not your attorney unless we both sign a written contract that describes our relationship and terms, the scope of our representation, and terms of payment for representation. Any information provided to you here should not be construed as legal advice, and an in detail review of the facts of your matter would likely affect any information provided. There could be deadlines to act in any case, after which your legal rights could be lost forever. You should contact an attorney licensed in your state immediately to be sure your rights are protected.


  3. This option is one that deserves careful consideration and reflection. It is an option that may make a lot of sense given the specifics of your situation.

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