Dallas, TX asked in Divorce, Domestic Violence and Family Law for California

Q: DVRO my husband told the all the Drs. he had a garage accident and now in the response he says I cut his eyelid?

I have no way to get his medical record or what he said to the dr. but he is saying the his response I hit him.

Can he just make that up?

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

A: In a domestic violence restraining order (DVRO) case in California, both parties have the right to present their side of the story and provide evidence to support their claims. However, it is not legal for either party to make false statements or fabricate evidence.

If your husband is claiming in his response that you caused his injury, but you believe he previously told doctors that it was due to a garage accident, you can take the following steps:

1. Inform your attorney: If you have legal representation, inform them about this discrepancy in your husband's statements. Your attorney can help you build a strong case and challenge any false allegations.

2. Gather evidence: While you may not have direct access to your husband's medical records, you might have other forms of evidence that support your version of events, such as witness statements, photos, or text messages.

3. Request medical records: During the discovery process, your attorney may be able to request your husband's medical records related to the incident. If the records show that he reported a different cause of injury to the doctors, this could be used to challenge his credibility.

4. Testify in court: If the case goes to trial, you will have the opportunity to present your side of the story and refute any false allegations made by your husband.

It is important to remember that making false statements in a legal proceeding can have serious consequences, including criminal charges for perjury. If you believe your husband is lying in his response, it is crucial to work with your attorney to present evidence that supports your case and challenges his credibility.

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