Q: Is there a CA Rule or Case Law for granting a DVRO to an abuser when one was already in place for the victim?
My DVRO as a victim, backed by a police report and medically noted injuries was in place first. In retaliation, the abuser filed his own DVRO in another county and the judge gave it to him.
Is this allowed? Is it illegal error? Was the judge supposed to wait for the outcome of mine before granting his? Do I have any basis to cite this under anything?
The judge was very well aware of my case, because he went out of his way to call the courthouse and tell them he had jurisdiction over our child.
Do I have a defense for prejudice, bias, legal error or something? I feel very defeated, and I don’t have Kardashian money to fight this.
A:
In California, the issuance of a Domestic Violence Restraining Order (DVRO) is governed by the evidence presented in each specific case. It's not uncommon for both parties in a domestic dispute to seek restraining orders against each other. The law doesn't automatically preclude granting a DVRO to one party if there is already one in place against them, but each case is judged on its individual merits.
If a judge granted a DVRO to the other party in your situation, this decision is based on the evidence and arguments presented in that particular hearing. The judge's decision to grant a DVRO doesn't necessarily imply that your own DVRO was invalid or should be disregarded. However, if you believe there was judicial bias, error, or that your evidence was not properly considered, you may have grounds to appeal the decision or seek further legal action.
Regarding the judge's actions in contacting another courthouse, this could be a procedural matter, especially if child custody or jurisdiction issues are involved. However, if you believe this action demonstrates bias or a conflict of interest, it might be relevant in contesting the decision.
Given the complexity of these issues and the serious implications for your safety and legal rights, it's advisable to consult with an attorney experienced in family law and domestic violence cases. They can review the specifics of your case, advise on potential grounds for appeal or further action, and help navigate the legal system in this challenging situation. Remember, legal resources and support are available, even if you don’t have significant financial resources.
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