Qualifications For Dvro Request

Summary

In California, a parent can request a Domestic Violence Restraining Order (DVRO) for a minor child if abuse or threats are evident. The court prioritizes the childs safety, even if the child is unwilling. For children under 18, parents can file on their behalf. If no abuse is present, the court may not grant the order. If a DVRO is challenged due to perjury, the petitioner must present evidence and attend a hearing. Both parties can present new evidence. Objections like lack of foundation require explanation. Objections are not admissions of guilt. Legal representation is advised for navigating these complexities.

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Do they have to be a certain age
In California, a parent or guardian can request a DVRO on behalf of a child who is under 18 years old. Once the child turns *, they may request a DVRO on their own if required.
What if there is no abuse but the child in question is *
In California, while a parent can request a DVRO on behalf of a child, it's generally required to prove some form of abuse or threat. If there's no abuse, the court may not grant the order. However, every case is unique and the court considers all factors.
If somebody files a dvro to be set aside because of perjury and the responding party filed it. What does the petitioner have to do.
In California, if a petitioner believes a DVRO was obtained based on perjury, they may:
- File a request to have the order set aside.
- Present evidence of the perjury.
- Attend a hearing to argue their case.
Remember, legal representation is advised in such cases.
Who is the petitioner in a dvro hearing
In a Domestic Violence Restraining Order (DVRO) hearing, the petitioner is the person who originally requested the restraining order. They are seeking protection from the court against the respondent, who is the person the order is filed against.
If somebody files a dvro to be set aside because of perjury and the responding party filed the set aside motion. What does the petitioner have to do.
In California, if a set-aside motion for a DVRO is filed due to alleged perjury, the petitioner should:
- Review the motion carefully.
- Consider hiring a lawyer.
- Prepare a response to address the allegations.
- Gather and present evidence supporting their side.
- Attend the hearing.
Can the petitioner filed new evidence at the set aside hearing
In California, during a set-aside hearing for a DVRO, both parties can present new evidence. The petitioner should:
- Bring all relevant evidence, including new pieces.
- Be prepared to explain and defend the evidence.
- Ensure the evidence is admissible under court rules.
If the petitioner decides to show a police report that shows criminal charges against the respondant such as statutory rape. The judge approved the dvro for disturbing the emotional peace. Would that be allowed? Could it be argued that's it's irrelevant
In California, during a set-aside DVRO hearing:
- Evidence like a police report with criminal charges can be presented.
- The relevance is determined by the judge.
- The respondent can argue irrelevance, but the judge makes the final decision.
What is a lack of foundation objection
A "lack of foundation" objection in legal terms is raised when a party believes that the evidence presented does not have sufficient background or context to be considered valid or reliable by the court. It argues that the necessary preliminary evidence to establish the authenticity or relevance of the evidence has not been provided.
If I use an objection for a lack of foundation do I get to explain why they lack foundation
In a court hearing, when you raise an objection for a "lack of foundation", you should be prepared to explain why you believe the evidence lacks the necessary basis or context. The judge will then decide whether to accept or overrule your objection.
If I don't explain why does the other party have to explain
If you raise an objection for "lack of foundation" and don't explain, the other party isn't necessarily required to explain. However, they may choose to provide further context to establish the evidence's foundation. Ultimately, the judge decides on the objection's validity.
When should I use an objection
In a court proceeding, you should use an objection when you believe that:
- The evidence presented is irrelevant, prejudiced, or not admissible.
- The question asked is not properly phrased or leading.
- There's a procedural error.
Remember, it's the judge's decision to sustain or overrule an objection.
When the other party is speaking and I want to object when would be the appropriate time to use it
If you wish to object while the other party is speaking, you should do so as soon as you identify a reason for the objection based on the rules of evidence or procedure. It is important to state your objection clearly and concisely. Can you tell which state you're in so I can provide more specific guidance?
California
In California, you can object during a court proceeding when the other party is speaking, by saying "Objection" clearly and stating your reason. However, avoid interrupting unnecessarily. Always ensure your objections are valid and grounded in the rules of evidence or procedure.
What if it's not and I'm unrepresented.
If you're unrepresented in a California court, you can still object during proceedings. However, it's important to:
- Familiarize yourself with court rules and procedures.
- Clearly state "Objection" and provide a reason.
- Respect the judge's decision. Legal representation is recommended to navigate these complexities.
If I object to something can it be used as an admission of guilt
No, an objection is not considered an admission of guilt. It's a procedural mechanism used to question the validity or relevance of evidence or testimony. However, improper use of objections can negatively impact your credibility in court. Careful use is advised.
At a set aside hearing based on perjury what should I do as the responding party to the original dvro
In a California set-aside hearing based on perjury, as the respondent to the original DVRO, you should:
- Review the perjury allegations.
- Consider legal representation.
- Gather evidence to refute the allegations.
- Attend the hearing prepared to argue your side.
- Respect court procedures and rulings.
At a set aside hearing based on perjury what should I do as the person who filed the dvro
As the person who filed the DVRO, if a set-aside hearing is based on perjury, you should:
- Review the set-aside motion carefully.
- Consider hiring a lawyer.
- Prepare a response and gather evidence supporting your case.
- Attend the hearing, ready to present your side.
- Respect all the court procedures.
At a set aside hearing based on perjury what should I do as the person who filed the motion
As the person who filed the motion for a set-aside hearing due to perjury, in California, you should:
- Thoroughly understand the allegations.
- Consider hiring a lawyer.
- Prepare and present evidence of perjury.
- Attend the hearing ready to argue your case.
- Respect court procedures and rulings.
If I lost the first motion to set aside a dvro. What are the odds of getting a second motion to set aside to be heard
In California, the possibility of a second motion to set aside a DVRO depends on the court and the specifics of your case. Can you provide any more details about why the first motion was denied?
The first motion was denied because the judge didn't see any reason for it to be set aside. I found out later that the declaration that explained the perjury was missing
In California, a second motion to set aside a DVRO can be filed if new evidence is found or there were errors in the initial hearing. As your declaration was missing:
- File a new motion, including the missing declaration.
- Explain why it was missing initially.
- Provide evidence of perjury.
- Seek legal counsel for guidance.