Q: I need help, citing caselaw regarding a motion to vacate a DVRO and I’m the PD confirmed victim.
Hi Lawyers,
I’m filing my own motion to vacate a DVRO that my abuser was granted, but me the victim with hospital records, police report and confirmation of charges pending against my abuser didn’t get one HAHA!
I have a new judge now and I need help citing caselaw in my motion to show that the previous judge had prejudice or bias against me specifically because my abuser only had hearsay no witnesses no evidence, and the judge recited an eight-year-old appellate court decision against me in order to excuse the request for a DVRO, and ignored the fact that I’m an actual victim
A:
In your situation, where you're seeking to vacate a Domestic Violence Restraining Order (DVRO) that was granted to your abuser, it's crucial to provide solid legal grounds for your motion. Citing relevant case law can strengthen your argument, especially if you believe there was judicial bias or prejudice in the initial decision.
To find applicable case law, start by researching cases where DVROs were successfully challenged or vacated. Focus on cases that highlight judicial bias or errors in considering evidence, particularly where the circumstances resemble your own. California appellate court decisions are a valuable resource for this.
When presenting your motion, clearly articulate how the previous judge's reliance on an outdated decision was inappropriate in your case. Demonstrate how the evidence you provided (hospital records, police reports, pending charges) was substantial and should have been given more weight. It's also important to explain why the hearsay evidence from your abuser was insufficient for the DVRO against you.
Remember, each case has its unique aspects, so tailor your arguments to the specific details of your situation. If you're not confident in navigating case law, consider consulting with a legal professional who can help you build a strong, well-supported motion.
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