A temporary restraining order filed against Los Angeles Dodgers pitcher Trevor Bauer has been dissolved. Los Angeles Superior Court Judge Diana Gould-Saltman ruled against a woman’s request for a permanent restraining order Thursday.
Gould-Saltman determined that Bauer did not pose a threat to the 27-year-old woman. The woman accused Bauer of sexual assault over the course of two sexual encounters. She suffered injuries that she did not consent to during the encounters.
The judge said the “injuries as shown in the photographs are terrible,” but added, “If she set limits and he exceeded them, this case would’ve been clear. But she set limits without considering all the consequences, and respondent did not exceed limits that the petitioner set.”
Shawn Holley, one of Bauer’s attorneys, said in a statement outside the courthouse while standing with Bauer and attorney Jon Fetterolf, “We are grateful to the Los Angeles Superior Court for denying the request for a permanent restraining order and dissolving the temporary restraining order against Mr. Bauer today,” Holley said. “We have expected this outcome since the petition was filed in June. But we appreciate the court reviewing all the relevant information and testimony to make this decision.”
The Pasadena Police Department has investigated the allegations against Bauer for over three months but has not made any charges or arrests. Major League Baseball has been conducting its own separate investigation for about seven weeks.
Bauer has been on administrative leave since July 2, and it was extended for a sixth time on Thursday afternoon with consent by the MLB Players Association. Bauer’s leave will be extended eight days until Aug. 27. The league’s decision is not dependent on a criminal conviction, but the league is not expected to determine the length of a potential suspension until the legal process plays out.
On Thursday morning, Bauer was called to the witness stand, but his attorneys had previously told the judge that he would invoke his fifth amendment right not to incriminate himself.
The woman’s attorneys pleaded with the judge to allow for cross-examination. The attorneys cited questions that were important to the heading but not incriminating. However, Gould-Saltman ruled that any questions specific to the hearing could be incriminating. When the Judge asked whether Bauer would invoke his Fifth Amendment right, Bauer responded, “Yes, your honor.”
Thursday marked the end of a four-day hearing to determine whether the temporary restraining order obtained against Bauer should be dismissed or made permanent, which in California can last up to five years. The woman’s attorneys asked for a five-year protective order and that Bauer enters a 52-week battery program.
The judge noted that the woman invited rough sex by asking Bauer to choke her out and texting him to “gimme all the pain” leading up to the second encounter.
“When a woman says ‘no,’ she should be believed,” Gould-Saltman said. “So what about when she says ‘yes?'”
Gould-Saltman noted that Bauer didn’t pursue or threaten the woman after their second sexual encounter. The judge said there was “no factual basis” to support the woman’s fear of Bauer after she went to the emergency room or after obtaining a temporary protective order. The Judge then noted that there was “no supportable evidence” that he would harm her in the future.
