Apply the mutual-order limit on full faith and credit
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Record whether each side filed a pleading seeking an order, and whether the order recites a finding that each party was entitled to one. Write no advice on who should be protected.
- What the lawyer must review
- 18 USC section 2265(c) provides that a protection order issued against a person who has petitioned for protection from abuse by a spouse or intimate partner is not entitled to full faith and credit if no cross or counter petition was filed, or if a cross or counter petition was filed but the court did not make specific findings that each party was entitled to an order. That is the federal limit. It is not a test of who is most in need of protection. California Penal Code section 13701 requires peace officers to try to identify the dominant aggressor, defined as the most significant rather than the first aggressor, and it is an arrest policy. It is not the civil test for a mutual order. You write any advice. The tool does not.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.