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?
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."
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.
This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.
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.