If a matter from the family law department and cited as governed by same rules of ct, how do you rectify in crim procee?

Question

a fam law matter governed by the same as per rules of court local and otherwise on multiple cited counts. What is the means to have matter heard under the correct department or atleast have the argument heard as to why it should be governed under said dept. for instance dvro violation  handled as misdmnr crim, under crim rules. clearly provisioned as per rules of court as a matter of the fam law dept. how in crim procedings do you have something like this addressed assuming the argument is valid to say the least

James L. Arrasmith · Answer

In California, when dealing with a legal matter that seems misaligned with its intended department—like a domestic violence restraining order (DVRO) violation being handled as a misdemeanor criminal case—the correct procedure involves addressing this discrepancy during court proceedings. Typically, each department of the court (such as family law and criminal law) follows specific procedural rules and guidelines. If you believe your case should be heard under the family law department due to provisions in the rules of court or other applicable laws, you can argue this point before the judge. 
 
To ensure your argument is heard, you should first raise the issue during any initial hearings or arraignments related to the misdemeanor charge. You can respectfully bring up the fact that the matter may fall under the jurisdiction of the family law department based on the nature of the alleged offense and relevant legal provisions. Presenting specific rules of court that support your position is crucial; these rules outline the jurisdiction and procedural guidelines for different types of cases, including those involving domestic relations and protective orders. 
 
It's essential to prepare your argument thoroughly and present it clearly to the court. Emphasize how the rules of court or statutory provisions governing DVROs and related violations align with your case's circumstances. Be ready to cite specific sections of the law and any relevant case law that supports your position. The judge will consider your argument alongside the prosecution's response, and a decision will be made regarding which department should handle the case moving forward. 
 
If the court determines that your case should indeed be under the jurisdiction of the family law department, further proceedings will be conducted accordingly. This might include hearings specific to family law matters, where issues related to protective orders and domestic relations are typically addressed. By advocating for the correct department to hear your case and providing compelling legal arguments, you increase your chances of ensuring that your rights and the appropriate legal procedures are upheld throughout the proceedings.

Q: If a matter from the family law department and cited as governed by same rules of ct, how do you rectify in crim procee?