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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
Jacqueline Bake JD; Domestic Violence Restraining Orders
Resource:
American Bar Association; Representing Victims of Domestic Violence
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