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Reason
Reason
Politics
Eugene Volokh

Petitioner's Regret No Grounds for Sealing of 8-Year-Old Restraining Order Documents

From Thursday's decision by California Court of Appeal Justice Natalie Stone, joined by Justice John Segal and L.A. Superior Court Judge Alexander Giza, in J.E. v. A.C.:

In April 2016 J.E. filed a petition for a domestic violence restraining order against his then-ex-girlfriend, A.C., and a temporary restraining order was granted pending the hearing on a permanent restraining order. J.E. did not appear at the hearing, and the court dissolved the temporary restraining order and dismissed the case without prejudice for lack of prosecution.

More than eight years after filing the petition, in November 2024, J.E. filed a motion to "seal or destroy" the record of the restraining order proceeding. He cited the "sensitive nature of this matter and the parties' current relationship" and argued "[p]ublic dissemination of this motion and the underlying records could cause irreparable harm to the parties' reputations and privacy," as well as "professional challenges[ ] and emotional distress." …

J.E. supported his motion with a declaration stating he and A.C. had reconciled and were now life partners. He explained he requested the restraining order when the parties "were navigating a complex and emotionally charged dynamic, which led to misunderstandings and impulsive actions on my part." J.E. stated A.C.'s attempts to contact him were "not motivated by malice or harm but rather by her deep affection and immaturity at the time."

He stated the continued existence of the records had drawn "unwanted scrutiny" in his personal and professional life and undermined the couple's efforts to "build a positive future together." He concluded, "I deeply regret filing the restraining order petition in 2016 and have since come to understand the situation in its proper context. [A.C.] had no harmful intentions, and my actions were a reaction to misunderstanding and emotional distress. Destroying these records would bring closure and allow us to continue building our lives together." …

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