Parental Dvro Filing Guidelines

Summary

Parents in California can file a Domestic Violence Restraining Order (DVRO) on behalf of their minor child, even if the child objects. The parents name on the DVRO indicates they filed the order, not that they were abused. The relationship of the alleged perpetrator to the child is crucial as it influences the type of restraining order, its enforcement, and the courts evaluation of the childs safety. Courts can approve a DVRO for disturbing the emotional peace of a child, prioritizing the childs safety over their preference. If the boyfriend can provide evidence of protective actions, it might influence the courts decision, but the childs safety remains the primary concern.

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CA
In California:
*. Parents can file a restraining order on behalf of their minor children.
*. The child's wishes may not necessarily influence the court's decision.
May I know if there's any specific aspect you want to know about?
Since the parent put their name on the dvro does that mean they are saying the abuse happened to them. The alleged perpetrator is the child's boyfriend
In California:
*. Parents can file a Domestic Violence Restraining Order (DVRO) on behalf of their minor child.
*. The parent's name on the DVRO doesn't imply they were abused, it indicates they filed the order.
*. The alleged perpetrator's relationship to the child is important in these cases.
Why is it important
In California, the perpetrator's relationship to the child matters because:
*. It influences the type of restraining order issued.
*. It affects the enforcement and terms of the order.
*. It's considered in the court's evaluation of the child's safety.
In a dvro hearing when a mother files a dvro on behalf of their child but the child doesn't want it. The court approved the restraining order for disturbing the emotional peace
In California:
*. Courts can approve a DVRO for disturbing emotional peace of a child.
*. This is based on the child's safety and well-being, not necessarily their preference.
*. A child's objection won't prevent the court from issuing an order if it's deemed necessary for protection.
What if the boyfriend was trying to protect the child from abuse
In California:
*. If the boyfriend can provide evidence of his protective actions, it might influence the court's decision.
*. He might be able to use such evidence in his defense.
*. However, the court's primary concern is the child's safety.