Restraining Order Approval Criteria

Summary

A judge in California can approve a restraining order if they believe theres a reasonable fear of harm, even if the respondent disputes the claims. Evidence of non-threat from the respondent can influence this decision. You can request to set aside a domestic violence restraining order (DVRO) for perjury by providing evidence. However, even with clear proof of perjury, its still at the judges discretion to decide on setting aside the DVRO. Judges usually explain their decisions in their ruling or order, and you can request a transcript of the hearing for more details.

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California
In California:
- A judge can issue a restraining order if they perceive potential harm.
- Evidence of non-threat from the respondent can influence this decision.
- It's crucial to effectively present all evidence in court.

Would you like the contact details of a nearby court to seek further legal advice?
No, I'm just curious because I'm trying to set aside the dvro for perjury. At the previous hearings I was burnt out and couldn't focus and make rational decisions.
In California:
- You can request to set aside a domestic violence restraining order (DVRO) for perjury.
- You need to provide evidence to prove perjury.
- Consider legal counsel to guide you through this process.
Would you like to know details of local legal aid organizations?
No, if I prove that the petitioner committed perjury beyond any doubt can the judge decline the set aside motion
In California:
- Even with clear proof of perjury, it's still at the judge's discretion to decide on setting aside the DVRO.
- Among other factors, the judge may consider whether the perjury materially influenced the order's issuance.
How would you be able to find out what influenced the judges decision
In California:
- Judges usually explain their decisions in their ruling or order.
- You can request for a transcript of the hearing.
- Consult a lawyer for understanding the judgement better.