California courts may issue restraining orders against both parties, but only after strict requirements are satisfied. A court cannot automatically restrain both people merely because each accuses the other of misconduct.

Each Party Must Independently Request Protection

Both parties generally must personally appear and submit their own written requests supported by evidence of abuse or domestic violence.

A response opposing the other party’s request is not necessarily a substitute for filing an independent request for protection. Each person must receive proper notice and an opportunity to answer the allegations made against them.

These requirements protect both parties from receiving a restraining order without the procedures required for such serious relief.

The Court Must Identify the Primary Aggressor

Before issuing mutual orders, the court must make detailed factual findings that both parties acted as primary aggressors and that neither acted primarily in self-defense.

The fact that both people participated in an argument or physical confrontation does not establish that both were primary aggressors. The court should examine the surrounding circumstances, history of abuse, relative injuries, threats, and whether one person’s conduct was defensive.

Conflicting Testimony Does Not Require Mutual Orders

The court may believe one party and issue a restraining order protecting that person. It may deny both requests if neither party proves the required grounds. It may issue mutual orders only when the evidence and required findings support relief against each party independently.

Using mutual orders merely to encourage both parties to avoid conflict is improper. Restraining orders have significant effects on custody, firearm rights, housing, employment, and future court proceedings.

Every Provision Must Be Followed

When mutual orders are properly issued, each party is both a protected person and a restrained person under different portions of the orders. One party’s violation does not authorize retaliation or excuse the other party’s noncompliance.

The orders should be compared carefully to identify permitted communication, custody exchanges, property access, and any exceptions.

A California domestic violence attorney can present evidence concerning self-defense and primary-aggressor findings and ensure that each request is evaluated independently. Mutual restraining orders remain binding unless modified, terminated, stayed, or otherwise changed through an authorized legal process.