Defenses Against Dvro Claims
Summary
Defenses against a Domestic Violence Restraining Order (DVRO) in California include lack of evidence, false accusations, consent, and self-defense. The consent defense implies that the alleged victim agreed to the behaviors leading to the DVRO, but this can be complex and may not always be valid, especially for minors. Consulting a local attorney is crucial for personalized advice.Full Conversation
CA
In California, defenses against a Domestic Violence Restraining Order (DVRO) can include:
- Lack of evidence
- False accusations
- Consent
- Self-defense
It's important to consult with a local attorney for detailed advice.
What is the consent part of it
The "consent" defense implies that the alleged victim consented to the behaviors or actions that led to the DVRO. However, this can be tricky to prove in court, and consent may not be a valid defense in all situations. It's advisable to consult with a local attorney.
The child wanted to go to her boyfriends house. The boyfriend tells her that as long as her parents don't file charges then it's okay. The child says her parents won't. Could this be used as a consent defense in a dvro hearing
In California, a minor's consent may not be legally valid depending on the circumstances. Also, a DVRO is usually filed for protection from abuse or threats, so consent can be complex. Consultation with a local attorney is recommended.