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As a petitioner in a DVRO hearing, I was found credible but they did not issue a PRO, did the Court find domestic violence?

Los Angeles, CA |

I was the petitioner in a DVRO hearing and I was believed by the Judge, and it was believed that threats did occur yet the Judge did not think that it was enough to issue a Permanent Restraining Order although he did think that this was something that would affect custody. Although a PRO was not issued, was domestic violence still found?

Attorney Answers 3


Without reading the transcript, it is impossible to say what was found by the judge. If the judge did not issue a restraining order, but was concerned about the threats, that should all be in the court transcript. Contact the clerk and ask for the contact information for the court reporter to request a copy of the transcript. If the judge says that something relevant to custody, you can use that transcript (ask a judge deciding custody issues to take judicial notice of the transcript) to show evidence of the custody issues at hand.

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Odds are that if DV was found, the petition would have been granted. My colleague is correct in that obtaining a copy of the transcript will likely help to answer your question.

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The burden of proof is so low at a DVRO trial, that regardless of what may be in the record or minute order as a "finding," it was not even enough to meet the low burden. This would militate against the weight of any such "finding," if you were to argue it elsewhere, such as Fam.C§3044.

Regardless, you should still obtain a copy of the court transcript, and use the judge's comments as fodder for your custody argument.

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