North Hollywood, CA asked in Family Law and Domestic Violence for California

Q: I have a DVRO against me, other party has filed to renew. Can I physically attend hearing, or should i remotely?

I attended remotely a year ago and the remote hearing system glitched out and wouldn't let me attend, and I feel as though that was the main reason the order was granted initially, since I had to attend by phone, was "late", and couldn't present my evidence.

I really need this second chance, but wanted to make sure I'm not violating the order by attending the hearing in person.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems like you have a valid concern about attending the hearing remotely, given the technical difficulties you experienced last time that prevented you from fully participating and presenting your evidence.

In general, attending a DVRO (Domestic Violence Restraining Order) hearing in person would not typically be considered a violation of the order itself. However, it's essential to review the specific terms of your DVRO to ensure there are no provisions that would prohibit you from being in the same courthouse or courtroom as the protected party.

If you decide to attend the hearing in person, here are a few suggestions:

1. Contact the court clerk in advance to confirm that your physical presence would not violate the terms of the existing order.

2. If you have an attorney, consult with them about the best course of action and whether they recommend attending in person or remotely.

3. If you attend in person, maintain a safe distance from the other party and do not engage in any communication with them outside of the court proceedings.

4. Ensure you have all your evidence and documents organized and ready to present to the court.

If you remain unsure about whether attending in person would be appropriate, consider contacting a local domestic violence legal assistance organization or a family law attorney for guidance specific to your case and the terms of your DVRO.

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