Brady Violation In Family Court

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Summary

The Brady violation generally applies to criminal proceedings, requiring the prosecution to disclose exculpatory evidence to the defense. In California family court, a judge can issue a Domestic Violence Protective Order (DVPO) based on reasonable cause from allegations alone, but clear and convincing evidence is needed for a permanent restraining order. Withholding evidence in a DVRO hearing can affect credibility but is not governed by a specific law like the Brady rule. Consult a local attorney for tailored advice.

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Can a judge approve a dvpro based on allegations alone
In California, a judge can issue a Domestic Violence Protective Order (DVPO) based on allegations, provided there is reasonable cause to believe the petitioner is in immediate danger. But, evidence like texts, emails, or medical records can strengthen the case. Consult a local attorney for specific advice.
Can a judge approve a permanent restraining order based on allegations alone
In California, for a judge to approve a permanent restraining order, beyond just allegations, there should be clear and convincing evidence of domestic abuse. Allegations alone may not suffice. Always consult a local attorney for advice tailored to your situation.
Is there some type of violation if the filing party withheld the evidence in a dvro hearing
In California:
- Withholding evidence in a DVRO hearing can be seen as deceitful.
- It may affect the credibility of the party.
- It's considered good practice to disclose all relevant evidence.
- However, there's no specific law like the Brady rule in family court.
Please consult a local attorney for more detailed advice.