Defending Against Dvro Allegations

Summary

A family lawyer can defend against a DVRO by challenging the truth of accusations, presenting evidence of the accusers motive to lie, and demonstrating the accuseds good character. In California, lawyers can cross-examine the petitioner, present character witnesses, and show evidence of ulterior motives. Pending charges can be addressed by challenging their admissibility and highlighting the presumption of innocence. Discussing a DAs diversion offer with your lawyer is crucial, as successful completion can lead to dismissal of charges. If charges are unrelated to domestic violence, emphasize this and your commitment to the diversion program. Your lawyer can provide tailored strategies based on your case specifics.

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California
In California:
- A lawyer can cross-examine the petitioner and any witnesses, presenting evidence that contradicts their claims.
- The lawyer can present character witnesses for the defendant.
- Evidence of ulterior motives (like child custody) can be shown.
Remember, this is a general guideline and might vary depending on the case specifics.
how does a family lawyer represent someone in defending a dvro when the filing party brings up the charges if they are currently pending
In California, pending charges can be addressed by:
- Challenging the admissibility of the charges.
- Highlighting the presumption of innocence until proven guilty.
- Demonstrating lack of conviction.
Remember, the approach may differ based on the specifics of the case.
The DA offered diversion should I bring that up
Yes, you should definitely discuss this with your lawyer. Diversion programs can lead to dismissal of charges upon successful completion. It's crucial to consider this option with your counsel.
I have a set aside hearing coming up based on perjury. I'm expecting the responding party to bring up the criminal charges. The DA offered diversion should I bring that up if the filing party brings up the criminal charges
In California, you could:
- Mention the DA's diversion offer, indicating the charges may not lead to a conviction.
- Highlight your intention to complete the program.
- Assert that successfully completing it can lead to dismissal of charges.
Remember to prepare with your lawyer for all possibilities.
I have a set aside hearing coming up based on perjury. I'm expecting the responding party to bring up the criminal charges. The DA offered diversion should I bring that up if the filing party brings up the criminal charges unrelated to domestic violence but its still in regards to the alleged victim
In California, it could be beneficial to:
- Discuss the DA's diversion offer, showing the potential dismissal of charges after successful completion.
- Assert the charges are unrelated to domestic violence.
- Highlight your commitment to the program.
Remember, your lawyer is best suited to guide you based on the specifics of your case.
A judge granted a dvro based on disturbing the emotional peace. My gfs mom is the one who filed it. The allegations are baseless. The filing party will probably bring up the criminal charges that don't directly relate to domestic violence but can be considered. In what ways can the filing party bring this up and how can I challenge it.
In California:
- The filing party can bring up the charges as part of their evidence.
- You can challenge this by demonstrating the charges are unrelated to domestic violence.
- Explain your participation in the diversion program and potential dismissal of charges.

Remember, your lawyer can provide tailored strategies.