Isidora M. v. Silvino M.Annotate this Case
Plaintiff Isidora appealed the trial court's issuance of a mutual restraining order against her and her husband under the Domestic Violence Prevention Act (DVPA), Fam. Code, 6200 et seq., insofar as the order enjoins her conduct. The court concluded that a trial court may issue a mutual domestic violence restraining order under section 6305 only if both parties have filed requests for such relief, so as to give the requisite notice to the opposing party. In this case, the trial court erred in making the restraining order mutual in the absence of an affirmative request by the husband for such protection. Accordingly, the court reversed the mutual restraining order insofar as it restrains Isidora.