Summary
Parents in California can file a DVRO on behalf of their minor child without the childs consent. Abuse must be proven for a DVRO. False accusations can lead to legal consequences under Penal Code 148.5 and 118. Judges may consider the minors viewpoint if they are mature enough, guided by Family Code Section 3042 and Rule 5.250. Seek legal advice for complex matters.Full Conversation
California
In California, a parent or guardian can indeed file a DVRO on behalf of their minor child without the child's consent. This provision is in line with:
- Family Code Section *: Allows court to issue DVRO.
- Family Code Section *: Allows DVRO to protect minors.
If you need more information or help, you can contact your local superior court. Would you like me to provide the contact details?
What happens if the parent lied about abuse
In California, if a parent falsely reports abuse, they could face:
- Penal Code *.*: Filing a false emergency report.
- Penal Code *: Perjury.
- Civil penalties for false accusations.
These cases are complex, so it's recommended to seek legal advice.
If a parent files a dvro on behalf of their child. The child doesn't want it and the parent lies about the abuse or omits important details. The court order is approved and then the judge later finds out during a set aside hearing that perjury did happen what could happen
If perjury is discovered during a set aside hearing in California, the person could face:
- Penal Code *: Prosecution for perjury.
- Penal Code *, *: Filing a false document.
- Potential civil liability for damages caused.
Remember, legal outcomes can vary, it's recommended to seek legal advice.
Can a parent file a dvro on behalf of their child if there has been no abuse and the parent is filing it because they don't like the child's boyfriend
In California, a parent can file a DVRO on behalf of their minor child. However:
- Family Code Section * & *: Abuse must be proven for a DVRO.
- Penal Code *.* & *: False accusations can lead to legal consequences.
Always seek legal advice for complex matters.
Does a judge have to hear from the minor if the minor is directly related to the dvro.
In California, a judge usually considers the minor's viewpoint if they're mature enough. However, it's not mandatory. This is guided by:
- Family Code Section *: Court's discretion to consider a child's preference.
- Rule *.*: Child's participation in family law matters.
Legal counsel can provide more detailed advice.