Monterroso

Maura Monterroso (Monterroso) appeals an order entering a mutual restraining order enjoining her and her husband, Mario Lopez Moran (Moran), from specific acts of abuse. She argues that the trial court failed to make detailed findings, as required by Family Code section 6305, that both parties acted primarily as aggressors and neither acted primarily in self-defense in a past incident. We hold that unless a trial court makes the detailed findings required by section 6305, it acts in excess of its jurisdiction by entering a mutual restraining order.

We reverse.

FACTS

Monterroso and Moran are married, they used to live together, and they have minor children together. In the proceeding below, Monterroso sought temporary restraining orders against Moran under the Domestic Violence Prevention Act. She requested that the trial court order Moran not to harass or contact her or her children, and to stay at least 100 yards away. She also requested that the trial court order Moran to attend a batterer intervention program, and that he not borrow against, sell or destroy any possessions or property.

Her application detailed the following facts: She and Moran separated in August…