Filing Dvro Evidence Requirements

Summary

When filing a Domestic Violence Restraining Order (DVRO) in California, you need a completed application form, supporting evidence like police reports, photos, or witness testimony, and a detailed declaration describing the abuse. The judge has discretion to approve a DVRO based on credible testimony alone, but additional evidence strengthens the case. To defend against a DVRO, gather evidence disputing the claim and present your side to the judge. A childs maturity and living conditions are evaluated case-by-case. Perjury is a crime and can be reported to the court. Extreme emotional distress may warrant a lawsuit for Intentional Infliction of Emotional Distress or Defamation. Consult a civil litigation or family law attorney for personalized advice.

Full Conversation

would the person who filed the dvro be enough to approve a dvro
In California, the decision to approve a DVRO is in the hands of the judge. The person who filed the DVRO can provide evidence and testimony, but the judge will consider all factors before making a decision.
what if the filing party didn't provide evidence and only testimony. Would that be enough
In California, the judge has discretion to approve a DVRO based on only testimony if it's deemed credible and sufficient. However, additional supporting evidence can strengthen a case. Every situation is unique, so outcomes can vary.
what is needed to defend against domestic violence when a parent files on behalf of their child and then child doesn't want it.
In California, to defend against a DVRO:
- Retain legal representation.
- Gather evidence that disputes the claim.
- Prepare to provide your side of the story to the judge.
- If the child doesn't want it, their opinion might be considered based on their age and maturity.
Remember, each case is unique, so consult with a legal professional.
if a child is forced to raise a child by themselves because their parents don't. Could that be evidence that the child who took care of the child had matured.
In California, a child's maturity is evaluated on a case-by-case basis. A child taking on adult responsibilities, like raising another child, could potentially be seen as evidence of maturity. However, the final decision is always up to the judge's discretion.
Could it be considered an unsafe living situation
In California, a living situation may be considered unsafe if it involves physical danger, neglect, inadequate basic needs, or emotional harm. If there is evidence supporting these conditions, it could be relevant in a DVRO case. Each situation is evaluated individually by the judge.
Can I use someone for perjury in a dvro hearingq
In California, perjury is a crime and occurs when someone knowingly provides false information under oath. If you suspect someone has committed perjury, you may not "sue" them directly for it, but you can report the suspected perjury to the court or the district attorney's office. They would then decide if criminal prosecution is warranted.
What if it caused great emotional distress
In California, if someone's actions have caused you severe emotional distress, you may have grounds for an "Intentional Infliction of Emotional Distress" claim. However, these are complex cases, requiring proof of extreme and outrageous conduct, among other elements. Consult with a legal professional for personalized advice.
would perjury be considered extreme and outrageous conduct
In California, perjury in itself may not meet the "extreme and outrageous" standard for an Intentional Infliction of Emotional Distress claim. This standard typically requires conduct that goes beyond all possible bounds of decency and is regarded as atrocious, and utterly intolerable in a civilized community. However, each case is unique, so consult a legal professional.
If I had mental disorders, somebody filed a dvro and said I'd been abusive even though it wasn't. I went through food insecurity, lost a bunch of weight, my memories have been suppressed because of it. Went to the hospital because of a panic attack. There's no underlying conditions other than extreme psychological torment. Could I file a lawsuit. If I hadn't gone to college I probably wouldnt be alive because it had all the resources I needed in order to get better.
Given your situation, it sounds like you've experienced significant distress. In California, you might have grounds for a lawsuit such as Defamation or Intentional Infliction of Emotional Distress. However, these are complex cases requiring substantial evidence. Have you consulted with a legal professional about your options?
not yet
I strongly encourage you to consult with a legal professional to discuss your situation in detail. They can provide advice tailored to your circumstances, including potential legal actions you can take. Remember, every case is unique and requires a personalized approach.
what type of lawyer would I need
In California, you would likely need a civil litigation attorney or a family law attorney specializing in defamation and emotional distress cases. They can assist you with your unique situation. Always consult with a professional for personalized advice.