Set Aside Motion Outcomes

Summary

If a set aside motion is approved in California family court due to perjury, the original order is nullified, and a new hearing may be scheduled. Concrete evidence of perjury, such as documented proof, witness testimonies, and text messages, should be presented. Evidence must be relevant, authentic, and admissible under California law. Grounds for setting aside a DVRO include lack of proper service, new evidence, fraud, perjury, or excusable neglect. Consult a legal professional for personalized advice.

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California
In California, if a set aside motion is approved:
- The original judgment is nullified.
- The case may go to trial again.
- New evidence can be presented.
Remember, each case is unique, so outcomes may differ.
This was in family court
In family court in California, if a set aside motion is approved, the following can occur:
- The original order is nullified.
- Parties may revisit the negotiation or mediation process.
- The case may be scheduled for a new hearing.
Remember, the exact process may vary based on specific circumstances.
What happens if the set aside motion is approved because of perjury
If a set aside motion is approved due to perjury in a family court in California:
- The original order is nullified.
- A perjury charge could be filed against the person who lied under oath.
- The case may be scheduled for a new hearing.
Remember, the outcome can vary depending on the specifics of the case.
If the original order is nullified will a new hearing still be scheduled
Yes, generally, if the original order is nullified due to a set aside motion in a family court in California, the case can be scheduled for a new hearing. However, the exact steps may vary depending on the specifics of the case.
Thevm set aside motion was filed because of perjury
That's important information. Could you please confirm whether the set aside motion has been approved yet?
Not yet. There's a hearing on February 2nd. The filing party lied about everything. I plan on using that to my advantage
It's good to have a strategy. Remember, in the hearing, provide concrete evidence of perjury. If the court finds the allegations of perjury credible, it could significantly impact the outcome. Good luck!
What would be considered concrete evidence
Concrete evidence could include:
- Documented proof contradicting the false statements.
- Witness testimonies.
- Video or audio recordings.
- Emails or text messages.
Remember, evidence must be admissible under California law. Consult with a legal professional for specific advice.
My gfs mom filed on her behalf. My girlfriend doesn't want it. I have evidence of that. The mom said she was afraid of me. I also have text messages of my gf saying that I'm a good partner and saying that I don't yell get mad and that I am that I make an effort to make the relationship last. The mom also said that I removed her from her home. She wanted to come to my place because her parents were abusive and she didn't want to be with them. She also said that I planned to remove her from her school but left out that it was my gfs idea for me to pick her up at her school and also omitted that I was reluctant in doing so. Her mom also stated that I coerced her into taking money. She used the money because she was worried about me. I have evidence of all of this.
It seems you've gathered substantial evidence. At the hearing, present your evidence, including your girlfriend's texts and any other proof of her mother's inaccuracies. Remember, evidence should be relevant, authentic, and admissible under California law. It's advisable to consult with a legal professional before the hearing.
What type of evidence is inadmissible
In California, evidence may be deemed inadmissible if it:
- Is hearsay, unless an exception applies.
- Is irrelevant to the case.
- Violates the defendant's rights.
- Is obtained illegally.
- Is opinion, not fact, unless from an expert witness.
- Is prejudicial, confusing, or misleading.
A text message could be considered confusing. What it would it be admissible if I explained how it applied
In California, the admissibility of text messages often depends on their relevance, authenticity, and how they're presented. If a text message is confusing, it can become clearer if you explain its context. However, a judge will ultimately decide if it's admissible. Consulting a legal professional for advice is recommended.
For a set aside motion. Excusable neglect is considered a reason to file the motion. When I was preparing for the first hearing. I talked to a lawyer and they said that if my gf didn't show up the dvro will be dismissed however she didn't show up. My defense relied on her being there but she ended up not being there and the hearing proceeded anyways. Would that be considered excusable neglect
Excusable neglect in a legal context refers to a legitimate excuse for not meeting a deadline or not appearing in court. In California, it is typically used as a reason to validate a late response. However, whether your situation constitutes excusable neglect would be for the court to decide. It's advisable to consult with a legal professional for personalized advice.
What are the grounds to set aside a dvro
In California, grounds to set aside a Domestic Violence Restraining Order (DVRO) could include:
- Lack of proper service or notice.
- Lack of jurisdiction.
- New evidence that wasn't available at the time of the original hearing.
- Fraud, perjury, or other misconduct by the opposing party.
- Excusable neglect.

Please consult a legal professional for advice tailored to your situation.
What is lack of jurisdiction
"Lack of jurisdiction" means that a court does not have the legal authority to make a decision in a case. This can be due to:
- The case not falling within the court's geographical area.
- The case not being related to the court's subject matter.
- The person involved not being under the court's authority.
For a set aside motion When I was preparing for the first hearing. I talked to a lawyer and they said that if my gf didn't show up the dvro will be dismissed however she didn't show up. My defense relied on her being there but she ended up not being there and the hearing proceeded anyways. Would that apply to Code of Civil Procedure, section *(b)
California's Code of Civil Procedure, section *(b) does allow for relief from a judgement or order due to mistake, inadvertence, surprise, or excusable neglect. While your situation may fall under these terms, it is ultimately up to the court to decide. It's recommended to consult with a legal professional.
What would I need to explain if I wanted to set aside the dvro because of perjury
To set aside a DVRO due to perjury, you'll need to:
*. Show that perjury occurred in the original hearing.
*. Prove that the perjury is material to the case.
*. Present evidence supporting the perjury claim.
*. Explain how the perjury affected the case outcome.
Remember to consult with a legal professional for personalized advice.
Do I need to explain to the judge number * or will the judge understand that
Yes, it's important to explain all points clearly to the judge, including how the perjury is material to the case. This helps the judge understand the context and relevance of the perjury to the case outcome. Consult a legal professional for advice on presenting your case.
I filed a set aside motion once before but it was rejected because one of the files that explained what happened was missing. I filed a new one. If I didn't explain something that applied in that declaration what would be the best way to get that information in there
You can file an amended declaration that includes the missing information. It's important to make sure all relevant information is included. Always consult a legal professional for personalized advice.
Do I have to serve the amended declaration
Yes, in California, you generally need to serve the amended declaration to the other party involved in the case. This ensures they're aware of the changes and can prepare their response. Always consult a legal professional for advice.
What is the file name for the amended declaration
The file name for an amended declaration can vary, but it's often titled "Amended Declaration" followed by the name of the party filing it. For instance, "Amended Declaration of [Your Name]". Always consult a legal professional for advice.
If I can't get the amended declaration served. Can I still explain what I wanted to change without filing the amended declaration
If you're unable to serve the amended declaration, you may still explain your changes during the hearing. However, be mindful that procedures may vary, and it's best to consult with a legal professional for advice specific to your situation.
If I want to file a dvro because of perjury do I need to show intent like in a perjury criminal case
In a DVRO case, you don't necessarily need to show intent like in a criminal perjury case. However, you need to prove that perjury occurred and it influenced the case outcome. Always consult a legal professional for advice.
If I had evidence that perjury occured. The judge approved it based on disturbing the emotional peace. If I showed evidence that the allegations weren't true. Could I show the evidence and explain that since the judge approved it because of those allegations but the evidence shows othereise. Would that be enough.
You are allowed to present any new, relevant, and admissible evidence of perjury. However, whether it's enough to set aside the DVRO will ultimately be decided by the judge. It's highly recommended to consult with a legal professional to prepare your case.