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Is it likely that a permanent restraining order would be granted?

Richmond, CA |

Is it likely that a court would issue a permanent restraining order if the petitioner admitted that there was no history of violence either prior to or after an alleged incident and that the petitioner was the initial aggressor?

Attorney Answers 3


Physical violence is only one of the elements that comprise "abuse," pursuant to FC§ 6320. While the absence of any physical violence would tend to militate against the need for issuing an injunction, the answer depends upon the specific facts of your case, and the totality of claims being put forth by the requesting party. For example, harassment, stalking, and even the destruction of property can constitute "abuse."

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With the limited facts that you give me I would say it is not likely. There may be many facts and circumstances I’m unaware of. If you are in a domestic violence situation, the rules are very relaxed and I would proceed very cautiously.

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Prior or subsequent violence is not a requirement for a restraining order. If there was one incident of violence a Judge could issue an order. If the petitioner was the initial aggressor and the Judge believed that he/she was the initial aggressor of one incident of violence they the Judge might not issue an order. The Judge is going to consider all of the facts and circumstances surrounding the incident and the relationship and make a decision based on that totality.

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