Setting Aside Dvro California

Summary

In California, the responding party cannot serve DVRO papers directly to a child; they must be served to the parent who initiated the order. A parent can file a DVRO on behalf of a minor even if the child doesnt want it, but evidence of abuse or threat of abuse is generally required. A judge may issue a DVRO if its in the childs best interest, even if there are lies involved. Factors like the childs emotional bond and parental behavior are considered. To introduce new evidence, you may need to file a motion to reconsider or appeal. Consult a local attorney for specific advice.

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California
In California:
- The responding party cannot serve the papers directly to the child.
- The papers should be served to the parent who initiated the order.
- Engage a professional process server for proper service.

Remember, this is general advice; speaking with a local attorney can provide specific guidance.
Can a parent file a dvro on behalf of their child if the minor doesn't want it. The responding party is the child's boyfriend
In California:
- Yes, a parent can file a DVRO on behalf of their minor child, even if the child doesn't want it.
- The court considers the parent's judgment to be in the child's best interest.
Please consult with a local attorney for specific advice.
Does their have to be abuse
In California:
- A DVRO requires proof of abuse or threat of abuse.
- Abuse can be physical, verbal, emotional, or sexual.
- The court will decide based on evidence presented.
Please consult a local attorney for specific advice.
Can a parent file a dvro on behalf of their child if the minor doesn't want it. The responding party is the child's boyfriend and there is no abuse
In California:
- A parent can file a DVRO on behalf of their minor child, even if the child doesn't want it.
- However, a DVRO generally requires evidence of abuse or threat of abuse.
- If there's no abuse, the court may not grant the DVRO.
Always consult a local attorney for specific advice.
If the other party lied about the abuse but the judge thinks the restraining order is in the child's best interest. The judge sees that the parents lied. Can the judge still approve the dvro
In California:
- A judge may still issue a DVRO if they believe it's in the child's best interest.
- The judge's primary concern is the safety of the child.
- However, lying in court is a serious offense and could impact the credibility of the parties involved.
Please consult a local attorney for specific advice.
Can the judge approve the dvro because of an age gap
In California:
- A judge might consider the age gap as a factor in the decision, but it's not the primary basis for a DVRO.
- The primary considerations are evidence of abuse or threat of abuse.
- Consult a local attorney for specific advice.
Say the responding party is * and the filing party is *. There has been no abuse or threat of abuse. The 15 year old is extremely happy with the filing party but isn't happy with her parents as her parents are abusive. Can the judge approve the dvro
In California:
- A DVRO typically requires evidence of abuse or threat of abuse.
- A judge will consider all factors, including the child's happiness and the parents' behavior.
- However, the judge's ultimate decision will be based on what is in the child's best interest.
Please consult a local attorney for specific advice.
How does a judge decide a childs best interest
In California, a judge determines a child's best interest by considering:
- The child's health, safety, and welfare.
- Any history of abuse by one parent.
- The nature and amount of contact with both parents.
- The habitual or continual illegal use of controlled substances or habitual or continual alcohol intoxication by either parent.
Please consult a local attorney for more specific advice.
What about in the case of a dvro
In a DVRO case in California, a judge considers the child's best interest by evaluating:
- The severity of the alleged abuse or threat.
- The risk of future harm.
- The child's emotional bond with the responding party.
- The child's age and emotional development.
Always consult a local attorney for specific advice.
Would an emotional bond being too strong be helpful or unhelpful
In California:
- A strong emotional bond can be a factor in DVRO cases.
- However, it's considered along with other factors like abuse risk.
- If the bond endangers the child in any way, it could be unhelpful.
Consult a local attorney for specific advice.
My gfs parents filed a dvro. The filing party lied about all the allegations and left out IMPORTANT details. Her parents are abusive and controlling. There has been no history or threat of abuse. Her dad is always drunk. Her mom is controlling. My gf is unhappy. She is 15 years old and she has also had to take care of a kid because her parents didn't do that. She really likes me and has stated that she wants to marry me in the future. I was unable to show this at the time. I now have the evidence and am filling it to have it set aside. The abuse from her parents her emotional development and her wanting to marry in the future. Would these be helpful in setting aside the dvro. What if I didn't know this needed to be shown what options do I have to enter this into the court documents
In California:
- Evidence of parental abuse could potentially be relevant to the DVRO case.
- Your girlfriend's desires and emotional development may be considered.
- To introduce new evidence, you might need to file a motion to reconsider or appeal.
Please consult a local attorney for specific advice.