i had my hearing, as respondent, in a DVRO case today. I was unable to print out a statement I had meticulously prepared

Question

n my phone to present to the judge (commissioner).  He would not read it from my phone nor would he allow me to read it to him without a copy for him, and the petitioner to follow along. He stated that I could testify to what happened that night in my own words, but reading a "statement" was not testifying. I told my side as best I could and due to my lack of public speaking skills did a bad job of presenting my side of the story.  
  This known, is there any kind of appeal, or counter case I can raise to get a new hearing.  
Additionaly I can now prove that the petitioner lied as to the extent of her injurys. I never harmed her during the incident at all, but she claims that she had to seek medical help the next dqy due to the pain. She 'forgot' to bring the paperwork from the doctors office to the hearing, but the commissioner accepted her statement as true. Checking the holiday schedule for the office I found they were closed on thanksgiving day and the rest of the weekend.

Bradley Drew Hochberg · Answer

A problem is that appeals are very hard and expensive. It is not a second chance to argue the case. Some of what you now argue is what you were expected to have argued the first time at the hearing. Appeals generally are to decide whether the judge made a legal error in not applying the appropriate law. The judge made a legal determination that you could not read from a phone. The judge required the physical letter. If you feel that the judge was in error for not allowing this form of evidence to be admitted then an appeal is made. The problem as stated is that it is hard to prove that the court was in legal error. Even then, the appeals court can always decide it was a harmless error or that it would not have changed the result. Stuff that was not argued the first time is not usually grounds for an appeal. Appeals are very expensive and time consuming. Good luck with your case.

James L. Arrasmith · Answer

You do have options following an unfavorable DVRO hearing outcome. California allows you to file an appeal within 60 days of the order being served, though appeals are typically limited to reviewing legal errors rather than rehearing evidence. 
 
Given that you have new evidence about the petitioner's claimed medical visit, you might consider filing a motion to set aside or modify the restraining order. This motion would need to be filed with the same court that issued the original order, explaining both why you couldn't present your evidence effectively at the first hearing and providing proof of the medical office's closure during the claimed visit. 
 
For the strongest chance of success, you should document everything meticulously - print multiple copies of your statement, gather any evidence about the medical office's holiday schedule, and consider working with a legal aid organization or attorney who can help present your case effectively. You can find free or low-cost legal assistance through your local courthouse's self-help center or through California's court website.

Q: i had my hearing, as respondent, in a DVRO case today. I was unable to print out a statement I had meticulously prepared