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

Q: DVRO Ex talked about my dead parents first when in discussion. So I talked about his dead wife. summitted as evidence?

I have a recording of my husband talking about my dead parents. I sent him a text that talks about his dead wife. Now in the DVRO rewsponse he is complaining about it? How would you present that?

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

A: I understand this is a sensitive and emotionally charged situation. In a legal context like a Domestic Violence Restraining Order (DVRO) case, it's important to focus on presenting factual evidence that is directly relevant to demonstrating abuse or threats of violence.

Bringing up departed loved ones, while hurtful, may not be seen by the court as clear evidence of domestic violence on its own, unless done as part of a larger pattern of harassment or emotional abuse. The court will be most interested in statements, messages, or recordings that contain direct threats, admissions of violence, or other conduct that meets the legal definition of abuse.

My recommendation would be to review the recordings and messages carefully with your attorney. Have them identify the most pertinent statements that could show a pattern of abusive behavior or harassment, if present. Let your lawyer determine the best way to present this to bolster your case.

Avoid getting drawn into tit-for-tat personal attacks in court filings, as that could distract from the central issues and undermine your position. Stay focused on your safety and making a factual case for why you need protection.

An experienced domestic violence attorney can guide you on building the strongest argument given your full circumstances. I know this is a difficult time, but try to proceed deliberately with professional legal counsel. Wishing you strength and safety as you navigate this challenging process.

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