Denied Dvro Motion Appeal

Summary

If your motion to set aside a DVRO was denied in California, you can appeal the decision. Withholding evidence is a serious offense and can lead to sanctions or case dismissal. In family law, you can request discovery to confirm if evidence was withheld. Access court documents through the courts website or clerks office, though some fees may apply. Always consult a lawyer for specific guidance.

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California
In California, you have the right to appeal a court's decision. Here are some general steps:
- File a Notice of Appeal.
- Prepare an appellate brief.
- Attend oral arguments.
Remember, this is a complex process and it's recommended to consult with a lawyer.
What if the filing party intentionally left out the evidence
If a party intentionally withholds evidence, it's considered a serious offense. In California:
- You can file a motion for sanctions.
- If proven, it may lead to case dismissal.
- It can also lead to attorney disciplinary action.
Always consult with a lawyer for proper guidance.
This was in family law does that still apply
Yes, the principles of withholding evidence and perjury apply to all areas of law, including family law. In California:
- Intentionally withholding evidence is a serious offense.
- It can lead to sanctions or case dismissal.
- Always consult a lawyer for specific guidance.
Id there any way to confirm that evidence was withheld
In California, you may request a discovery, where the opposing party has to disclose all relevant evidence. If they fail to do so, it may be considered withholding evidence. Can you provide more details about the case?
was served with a temporary restraining order. I was going through the packet. I realized that there was no evidence other than the allegations. There was nothing supporting it. I understand that temporary restraining orders can be approved on allegations alone. I went to the actual hearing. The filing party still didn't provide any evidence. There was just allegations. I can't afford legal representation and none of the legal aid organizations help with this. So I'm stuck with self representing. My question that I have is it my responsibility to ask the judge for the evidence. I was never aware that there even was evidence other than the allegations. I know that temporary restraining orders are able to get approved on allegations alone but I thought that a dvro there has to be some type of evidence other than allegations.
It's not your responsibility to ask the judge for evidence, but you can question the lack of it during the hearing. In a DVRO hearing in California:
- You may cross-examine the filing party.
- Bring up the lack of evidence to support their allegations.
- Present your defense and any evidence you may have.
Remember, the court should consider all relevant factors before issuing a permanent order.
What happens if the evidence was left out b
If evidence was left out and it could have had a significant impact on the case, you may file an appeal or motion to reconsider. However, appeals are complex and strict time limits apply, so consider seeking legal advice.
How do I confirm that
To confirm whether evidence was withheld, you can:
- Review all documents and discovery materials.
- Request for a discovery if not done yet.
- If the opposing party failed to disclose relevant evidence in discovery, it can be considered withholding evidence.
Please note, this is a complex area and seeking legal advice may be beneficial.
How does the discovery process work in a dvro hearing
In California, the discovery process in a DVRO hearing involves:
- Sending formal requests for evidence to the opposing party.
- Using tools like interrogatories (written questions) to gather information.
- Requesting depositions (oral questioning under oath).
- If evidence isn't provided, you can file a motion to compel discovery.
Remember, this is complex, consider seeking legal help.
Is there any possible way of confirming that evidence might of been left out without filing with the couet
In order to provide you with the most accurate information, could you please specify in which location or jurisdiction your case is taking place?
California
To confirm if evidence was withheld without filing with the court, you can:
- Thoroughly review all documents and correspondences provided.
- Ask the opposing party directly if there's more evidence.
However, without a formal process like discovery, it may be challenging to confirm. Legal advice is recommended.
Could it be in the court documents on the website
In California, court documents are public record. You can access them through the court's website or at the court clerk's office. However, these documents might not include evidence that wasn't submitted to the court. Please seek legal advice for a comprehensive review.
Is there any way to get those documents for free
In California, some courts might charge for online access to court documents. You could visit the court clerk's office to view the documents for free, but there might be a charge for copying. It's best to contact your local court office for specific information.