Mutual Restraining Order Law & Legal Definition


A mutual restraining order is a court order generally used in divorce cases. In a divorce proceeding, couples agree to a mutual restraining order to legally require them both to keep their distance and prevent further arguments.

A mutual restraining order prevents both parties in a domestic case from performing certain action, for instance, communicating with each other. Distinct from a normal restraining order, both parties are considered at fault in a mutual restraining order.

The following is an example of a case law referring to mutual restraining order:

A court can issue mutual restraining orders if both parties personally appear, each party presents written evidence of abuse or domestic violence, and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense. [Rouse v. Plummer, 2006 U.S. Dist. LEXIS 98352 (D. Cal. 2006)]