Sacramento, CA asked in Family Law and Domestic Violence for California

Q: In a DV case do you have to serve the other party every time you collect new evidence?

I got a restraining order and had my first court date which they extended for a new date. I have accumulated more evidence for my case, do I need to serve the other party or submit it to the clerks office or can I just bring it to court with me

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1 Lawyer Answer
Rebecka A Monez
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Rebecka A Monez
Answered
  • Domestic Violence Lawyer
  • Modesto, CA
  • Licensed in California

A: It depends on what the new evidence is. As a general rule, you should include include all of your evidence, attachments, text messages etc. in your original moving papers. If there is now a new date, and depending on how far away the new date is, you could file an amended declaration with the new evidence attached and get it in that way - but you really need to be within the time for service of notice for the new hearing date. You may also need to prove that this evidence is "new" and was not known to you at the time you filed your original request. Lastly, if the evidence is impeachment of the opposing party, you can always get that at the hearing. I hope this answers your question and wish the best at your hearing.

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