Temporary restraining order ( family law domestic violence)

Asked about 2 years ago - Los Angeles, CA

If my ex beat me to the punch in filing a restraining order against me, but it is me that has the real evidence, can I do a counter restraining order, because I am the party that has a claim with merit.

Attorney answers (4)

  1. Fernando M Luna

    Contributor Level 4

    Answered . Yes, however, you will have to file your own Request for Domestic Violence Restraining Orders, not simply request such relief in a response. The court may not issue a restraining order against your ex, unless you properly request such relief. Pursuant to statute, the court may not issue mutual restraining orders unless both parties personally appear and each party presents written evidence of domestic violence and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. Therefore, you must be ready to present admissible evidence of your allegations. You should consult with an attorney about any possible admissions contained in your request and whether it is advisable to file a response to his allegations.

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  2. Hillary Johns

    Contributor Level 19

    Answered . Yes if the facts support it you can also file a request for a restraining order or request mutual restraining orders. I don't know the facts of your case given your description here although, yes, certainly possible. If you file for your own restraining order, to respond to their allegations as well in proper response form so that you are covered.

    Ms. Johns is a lawyer although she is not your lawyer unless you have consulted with her and signed a fee or letter agreement confirming her representation. This post does not constitute legal advice and no attorney client relationship results.

  3. Jennifer Diem-Trang Le

    Pro

    Contributor Level 13

    Answered . Yes, you absolutely can. The judge will hear evidence from both sides, including any witnesses you may call. If you have photos, medical documents, and any other evidence to corroborate your side, start preparing now.

  4. James Edward Mcnamara

    Contributor Level 8

    Answered . Just because someone files court documents before you do, in no way prevents you from fling initially a TRO and then conducting a hearing. Usually the judge will hear both these matters at the same time. The judge could do any of the following: (a) deny both; (b) grant one and not the other; or (c) grant both.

    Also, you said ex, so if your married, and or you have children involved, and incomes barry greatly many other issues may be directly connected to the outcome of the TRO and latter the hearing on the RO or restraining order.

    So be cautions, and do seek legal advice prior to the full RO hearing. When filling out the forms for the TRO, be as detailed and accurate as possible support the acts of abuse etc. Also remember to keep your application on the TRO (initial restraining order) focused on the abuse by him or her (your ex) upon yourself.

    Then, in a response you can respond to his/her (your ex's) specific references of abuse or alleged ones. Again, be as accurate as possible.

    These forms can be found online if you google for LA Superior Court web sight, and search the sight for the forms and then focus on the TRO and related forms. These can be typed right online and printed out from a computer.

    Again, seek legal advice should some of this be too overwhelming, and or you have other related issues which would need to be address and which would be closely connects.

    A special caution, if a police report has been filed, or anyone has been arrested, in relationship to the alleged abuse. The person or both sometimes under the eye of suspicion should proceed very cautiously as to what they say period to the criminal matter being fully resolved. Remember your TV shows comments: Anything you say, can and will be used against you.

    In these seanrios it is almost always wise to seek out competent legal counsel.

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