Set Aside Vs Initial Hearing
Summary
The initial hearing for a DVRO in California determines whether to issue the order based on evidence. A set aside hearing requests to cancel or modify the DVRO due to new evidence or changes. If you want to set aside a DVRO based on perjury, you may need to explain why the evidence wasnt presented earlier and show that the perjury materially affected the order. Consult a lawyer for personalized advice.Full Conversation
The proceedings for the hearing
Sure, I can provide more specific information. Could you please tell me which state you're in? This is important as laws vary from state to state.
California
Sure, here are the differences for California:
*. Initial Hearing: Court decides based on presented evidence whether to issue DVRO.
*. Set Aside Hearing: A request to cancel or modify the DVRO due to new evidence or changes.
Is there anything else you'd like to know?
If I want to set aside a dvro based on perjury do I have to tell the judge why I didn't have the evidence
You may have to explain why you didn't present your evidence earlier. But the key point is to show that the perjury materially affected the order. Always consult a lawyer for advice tailored to your situation.