This issue was raised in the recently decided case of Herriott vs. Herriott (3/20/19). In this case, an elderly divorced couple still lived in different apartments units in the same building. They each requested restraining orders, and the Los Angeles Country trial court issued carefully-tailored orders against each party. H appealed but the Second District affirmed. Among other things, it held that “(d)welling’ in Welfare and Institutions Code16 Section 15657.03, Subdivision (b)(4)(B), Encompasses the Residence, i.e., Apartment Unit of the Protected Person, and not the Entire Apartment Building.” It held that the trial court need not make the “primary aggressor” finding under Family Code section 6305(a)(2) when entering a separate restraining order against each party. Similar application can be made when couples/parties work in the same building. The court can carefully tailor restraining orders so as not to interfere with either parties’ livelihood.
