8.05.340 Mutual restraining orders in domestic violence cases.
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Mutual restraining orders are orders resulting from a cross or counter petition. The Court shall not issue mutual restraining orders in domestic violence cases if the Court determines, in its fact finding, who the primary aggressor was. If a primary aggressor can be determined, a restraining order will be issued against that person only. In determining whether a person was the primary aggressor, the Court must consider:
(A) Prior complaints of domestic violence;
(B) The relative severity of the injuries inflicted on each person;
(C) The likelihood of future injury to each person;
(D) Whether one (1) of the persons acted in self-defense. [Res. 22-R-198 Att. A, 11/17/2022; Res. 20-R-091 Art. VII(F), 7/2/2020.]