Summary
To challenge a DVRO in California, you can request a hearing to present evidence of perjury and mental health impact. Even if the alleged victim doesnt want to press charges, the DA can proceed. You may use police reports and other evidence in your motion to set aside the DVRO. A criminal defense lawyer can assist you, and a family law judge can access pending criminal charges. Diversion programs often require admitting guilt, and completing one may help but doesnt automatically prove no safety issues. Legal advice is recommended.Full Conversation
CA
It seems like you're dealing with a complex issue. To be clear, are you trying to have a domestic violence restraining order (DVRO) removed because it's impacting your mental health, and you believe perjury was involved in its issuance?
Yes
To challenge a DVRO in California, you may:
- Request a hearing to present your evidence of perjury
- Show proof of your mental health impact
- Hire a lawyer to guide you through the process
Remember, the court's main concern is safety. Legal advice is recommended.
What if there were criminal charges filed the alleged victim said she didn't want it and the DA offered a diversion
In California, even if the alleged victim doesn't want to press charges, the DA can still proceed if they believe a crime occurred. For your diversion offer:
- You'll need to fulfill certain conditions (like counseling)
- Charges may be dismissed upon successful completion
- Consult with your attorney for personalized advice.
Can I use this in a set aside motion. My gfs parents said she was afraid of me. In the police report she said she wasn't fearful of her safety and didn't want any prosecutorial actions. She even stated her wish to marry me. Can I use this to set aside a dvro to backup my claim for perjury
In California, you may be able to use such evidence in a motion to set aside a DVRO. However:
- The court will consider all evidence, not just the statements.
- The judge will decide based on the overall safety concern.
- Legal advice is strongly recommended in such situations.
What if the police report was given to me by the DA can I use it in the dvro set aside hearing
In California:
- You can usually present any relevant evidence at a DVRO hearing, including a police report.
- However, it's best to consult with your attorney as courts may have specific rules about evidence.
Would a criminal defense lawyer be able to help
Yes, a criminal defense lawyer could help you navigate these complexities:
- Provide legal advice tailored to your situation
- Help prepare your DVRO set-aside motion
- Guide you through the court proceedings.
It's often recommended to seek professional legal assistance in such cases.
Can a family law judge see pending criminal charges
In California:
- Yes, a family law judge can typically access information about pending criminal charges.
- This may influence their decisions, especially in DVRO cases.
- Your lawyer can help you understand how this might impact your case.
If a DA offered a diversion do I have to sign something admitting to the charges
In California, a diversion program often requires you to:
- Admit guilt for the charges.
- Complete certain requirements (counseling, community service, etc.)
- If successfully completed, charges may be dismissed.
Consult your attorney for advice tailored to your situation.
Would an offer of diversion for mental health help in a dvro case in proving that there are no safety issues
In California:
- Completing a mental health diversion program could potentially help your case.
- However, it doesn't automatically prove there are no safety issues.
- You should consult with your attorney for advice tailored to your specific situation.
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