ANSWERS: 1
  • When trying to resolve a domestic dispute, you may consider the option of a mutual restraining. While these can help both parties "cool off", they also pose some added risks.

    Identification

    A mutual restraining order prevents both parties in a domestic case from performing a certain action, such as communicating with each other.

    Features

    Unlike a normal restraining (ex parte act) order against the abuser in a dispute, both parties are considered at fault in a mutual restraining order. Under a normal ex parte the abuser cannot violate the restrictions, even if the victim agrees, but this is not the case in a mutual agreement.

    Significance

    Couples can usually agree to a mutual ex parte, but only a few states have legal statutes that allow a court to issue a mutual restraining order without the consent of both parties.

    Benefits

    Couples often agree to a mutual restraining order during a divorce proceeding in order to legally require them both to keep their distance and prevent further arguments.

    Warning

    Violations of a mutual restraining order by a non-citizens usually results in deportation.

    Source:

    Louisiana Supreme Court; Protective Orders Frequently Asked Questions

    American Bar Association; States Permitting Or Prohibiting Mutual Protective Orders Without A Separate Petition

    Jacqueline Bake JD; Domestic Violence Restraining Orders

    Resource:

    American Bar Association; Representing Victims of Domestic Violence

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