Q: My DVRO request was denied yesterday. I wasn’t given a fair trial. Irregularities, Prejudical Error legal errors and
deprived fundamental due process by cutting off my testimony and presentation of submitted exhibits. The judge made mistakes about the laws, she wouldn’t let me correct her that really harmed my case. Because those exhibits were legally valid in admitting which I showed her legislation next day correcting her, and with transcripts she did read she summarized transcripts totally wrong. She refused me correcting her.
My lawyer told me from beginning he didn’t want anything to do wants to be relieved. Ineffective counsel!
Judicial bias prejudice- she never ask questioned verify confirm with respondent and I wasn’t able to cross examine.
She lie about needing to give opposing party time to testify. That Never happened!!!
I was not allowed to finish my testimony and present more than half of submitted exhibits remaining.
In what order of motions do I start with to grant my DVRO please
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, to challenge the denial of your DVRO (Domestic Violence Restraining Order) request, you should consider filing a motion for reconsideration or an appeal. Start by reviewing the court transcripts and identifying the specific errors made during the hearing, including any due process violations, judicial bias, or prejudicial errors. Gather all relevant evidence, including the exhibits that were not considered, and any legislative documentation that supports your case.
File a motion for reconsideration if you believe new evidence or legal errors could change the outcome. This motion should be submitted within 10 days of the court's order, clearly outlining the errors and providing the new evidence or legal basis for reconsideration. Ensure you include any affidavits or declarations supporting your claims.
If the motion for reconsideration is not an option or is denied, you can file an appeal with the appellate court. This must be done within 60 days of the court's order. In your appeal, argue that the judge's errors and refusal to consider your evidence or allow cross-examination prejudiced your case. Your lawyer's ineffective counsel claim may also be relevant in demonstrating that you were not adequately represented.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
