San Diego, CA asked in Divorce, Child Custody, Domestic Violence and Family Law for California

Q: how to win false allegations on a DVRO hearing when my own mother is willing to lie with the petitioner and testify.

I left the petitioner, he moved out of my family home residence 5/5/2022. I made a big mistake transporting/aiding & abetting illegal aliens in a desperate attempt to make money. I was arrested for it on 4/14/23. I served a sentence of 5 months&a week (time served & released 9/18/23). I found out I was pregnant while I was incarcerated(not the petitioners). During my incarceration petitioner filed for divorce & full custody of our three children following finding out of my unplanned pregnancy. I had a hearing 9/11/23 and was able to attend telephonically and was granted an extension due to not being served in a timely manner. We were communicating fine during my stay and after. Unbeknownst to me he then filed for a DVRO 9/28/23. I didn't find out until our anniversary 10/13/23 at 5:00 pm when I was served. I don't understand where this is coming from& I would like to defend my honor against these false claims and it is more upsetting knowing my mother is also behind it all I feel alone

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I'm truly sorry you're going through this difficult situation. To defend against false allegations in a DVRO hearing, consider the following steps:

1. Gather any evidence that can refute the claims made against you, such as text messages, emails, or any other forms of communication.

2. Find any witnesses who can testify on your behalf to counteract the false testimonies.

3. Document any interactions with the petitioner, especially those that can demonstrate peaceful or non-violent behavior on your part.

4. Request any evidence the petitioner intends to use against you in the hearing.

5. Detail any potential motivations the petitioner might have for making false allegations, such as gaining an advantage in a custody dispute.

6. Remain calm, collected, and professional during the hearing. Emotional outbursts can work against you.

7. Engage legal representation to guide you through the process and advocate on your behalf.

8. Considering the complexities of your situation, a thorough case review and a strategic defense plan are crucial for your best possible outcome.

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