Results 1 to 2 of 2
  1. #1

    Default Evidence in Defense of a Domestic Violence TRO

    My question involves restraining orders in the State of: CA

    Can evidence used by the plaintiff in a previous restraining order be used in response of a current DV TRO by the now defendant?

    After the DV TRO dismissal w/prejudice and going back home, the defendant in that case continued to harass me with his lawyer, a friend of his and police to vacate the residence immediately without court approval. Once I showed the officer the notice the defendant called them on, they told him he needed to request eviction through the court.

    Later, that afternoon I was served with a DV TRO from that defendant and had to immediately vacate the residence on grounds I filed a false DV report and DV TRO resulting in his mental anguish for being arrested. He said to the sheriff's I threatened to call them if he comes home after the judge made his decision, which I did not.

    Some evidence in my DV TRO against him would make evidence of his false claim in his DV TRO against me. Can these be used?

  2. #2

    Default Re: Evidence in Defense of a Dv Tro

    All you can do is attempt to use them - ultimately it'll be up to the judge to determine applicability and whether or not and to what degree to consider the previous TRO (but given that this appears to be a back and forth, an educated guess would suggest that the judge would want to see exactly what the other party wrote in their original petition against you).
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    #1 lesson: The only person who can give YOU legal advice is YOUR attorney

    1. Sponsored Links
       

Similar Threads

  1. Spousal Support and Alimony: Evidence of Domestic Violence As an Incentive for Spouse to Waive Spousal Support
    By Lizard in forum Divorce, Annulment and Separation
    Replies: 4
    Last Post: 01-24-2012, 06:50 PM
  2. Assault & Battery: Is the Alleged Victim's Record a Defense to Domestic Violence Charges
    By set up in forum Criminal Charges
    Replies: 1
    Last Post: 04-10-2011, 07:35 AM
  3. Assault & Battery: Self-Defense to a Domestic Violence Charge
    By CaliforniaLove1988 in forum Criminal Charges
    Replies: 1
    Last Post: 02-05-2009, 06:50 PM
  4. Assault & Battery: Self Defense in Florida-Domestic Violence Battery Charges
    By Liz5890 in forum Criminal Charges
    Replies: 1
    Last Post: 03-15-2007, 08:42 AM
  5. Domestic Violence: Self-Defense and Domestic Violence Charges
    By sim in forum Criminal Charges
    Replies: 1
    Last Post: 03-02-2006, 08:25 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document