Hello Veronica, Thank you for your videos. Unfortunately in Victoria Australia police reports are used and "heresay" where the PP supports the police report, this is the way it appears. I know of a case of FVIO running since January 2020 where it is primarily based on a falsified, deliberately, report by a third party used and added to by police and the respondent instantly lost their home, property, reputation. No balance of probabilities existed or was established nor evidence other than heresay, the family lawyer of one of the PP's, who wanted an affidavit of evidence in defence of the respondent, refused to assist with an affidavit saying it wouldn't be accepted in court by a magistrate and the respondent has never had a say nor did that former mentioned of the police applicant's PP's who didn't want the order. The respondent didn't ever have a say even with police and was initially locked up for hours and not allowed a solicitor. The respondent is basically now destitute and after 3 years applied for a contest hearing but it didn't show up on the electronic listing system so the respondent missed it not fully realising FVIOs won't show up and the magistrate again finalised the order for the 2nd or 3rd time as previously the respondent was ill but couldn't contact or get through to the court or didn't know the then applicant was extending or reapplying. What could be done in this situation? The initial claim of violence has come from a corrupt charity officer come public servant ie statutory authority employee and relatives as heresay and police as heresay with the suspicion being family scapegoating and the public servants and stat.auth. using the false accusations and subsequent interim then final orders to exact cruelty and power as well as obtain property by deception. The BWCF showed respondent as innocent of the allegations but no pro bono lawyer accessed it for 2.8 years by which time the respondent's circumstances were and are severely damaged. The respondent is now un the 5th year of this with one PP and witness to the respondent's innocence deceased. The police had also laid charges based on heresay although the BWCF would have shown otherwise, has arrested based on heresay of breaches and also laid other charges based on heresay. The initial public service and stat.auth. interference was also based only on heresay. This middle young adults' prospects are ruined with no priors, loss of time with the dying father, loss of home, destitution, abandonment by most of the family and inadequate help or negligent care by others, extensive loss of irreplaceable property and deaths and thefts of pets, ruined reputation and unable to use qualifications owing to charges and prohibition on obtaining public service work owing to the FVIOs not to mention being a prohibited person for a gun licence which all other citizens have a right to. What should this poor person's path be? Thank you in advance.
Hi no so far every state from what I've noticed say it unfairly go one way although I think you can file harassment charges against that person. I was being harassed after being lied on and my lawyer told that person lawyer to tell that person to stop the bs and the police officer told that person to stop antagonizing me
@veronicatbartonesq is a cease and desist letter from 22 years ago from a kawyer valid as evidence against me in the protection order hearing against me?
It's hearsay! Unless it fall under one of the hearsay exceptions, of which there are a few. One that comes to mind is dying declarations. Those are accepted as fact and can't be cross examined. I've also personally witnessed a text message being used as the basis of a restraining order in California. The lawyer didn't object to it. Thanks for all your videos!
Exactly. (Luckily, I don’t come across dying declarations much in DV cases….) So many attorneys don’t object to evidence enough. They’ll object to questions based on technicalities, which are easily cured, but apparently didn’t learn enough in Evidence class to actually keep evidence out. Thank you for watching, and you’re welcome!
Hello Veronica, I’m so happy seeing this video , I have an hearing coming up and need advise on this . I'm a Muslim Afghan American and I have a DV case, on September 12th my son called the police, he was standing up for me to help me from his dad and his grandpa, husband was having verbal abuse argument with me and my son and he was constantly blaming everything on me. Then he called his dad, his dad come over the house and hit me grab me and choke me when my husband was trying to get him off of me and his husband’s dad come to straight my son and to called the juvenile on my son. When his dad put his hands on me my son got out of his room and said get your hands off my mom . When the cops arrived I was scared and frightened I was afraid for my life and my kids. I was still protecting my family, I didn't tell the cops the truth. When I file the DV and now the police report is making my case hard, because the judge won't believe me now. What is it should I do? I really need protection, I also have audio recordings my son is saying why grandpa hit my mom, and how his dad come in and hit me got physical with me. What should I do now? Please advise, I don't want the DV to drop, I have court hearing on November 13,what should i do?
Hi Veronica. My estranged husband lied on me and said I pointed my gun at him and I'm going to trial but he's texted me saying he misses me a lot and left a voicemail saying he's sorry for everything. The prosecutor believe I did it but my gun was put up and the police didn't find it I never point it or had it out he lied on me and I'm facing 18 years in jail for something I didn't do. What can happen once the prosecutor hear his voicemail and read his text messages. I also have a audio recording of him saying he can say he didn't have his glasses on and he was trying to get out of the situation he's basically coborating his story and I can't let the prosecutor hear it because it prove I violated the no contact order
@@Ozone_species idgaf what you believe I didn't fear him nor was it on me or found so mind your own business you sound crazy he's since been begging to be with me you don't know what you're talking about I guess that's also why he doesn't want to testify against me too he knows he lied and I have him on audio recording saying what he was going to tell the authority which was another lie and said he was trying to get out of the situation who do that or beg someone who pointed a gun at them you sound stupid too
@@Ozone_species glad to know you were there along with the other witnesses that saw what happened a hole and he's scared to go to court and even changed his address so he doesn't get another subpoena I chose to go to trial he's scared too so talk about what you know with your ugly self
@@Ozone_species you sound nuts coming on a lawyer professional channel and harassing someone idk what you meant by he misses the life he had when he lived with me and was free to leave at anytime but wanted to come back to someone he lied on idgaf what you believe I hope Veronica block you
@@Ozone_species you might have a point. He was homeless when I met him and he's been homeless since after he lied and did a lot of other things to me so you're right he must've missed his old life 😂
![What to Expect at a Restraining Order Hearing (& secrets from a lawyer on how to win) [2023]](http://i.ytimg.com/vi/Fvb1Tab5ZNg/mqdefault.jpg)
![What to Expect at a Restraining Order Hearing (& secrets from a lawyer on how to win) [2023]](/img/tr.png)
I won my case from the plaintiff.. Thank you and I watched your videos days before the hearing🎉
Can you make a video about restraining order for emotional abuse?
Following
Hello Veronica, Thank you for your videos.
Unfortunately in Victoria Australia police reports are used and "heresay" where the PP supports the police report, this is the way it appears. I know of a case of FVIO running since January 2020 where it is primarily based on a falsified, deliberately, report by a third party used and added to by police and the respondent instantly lost their home, property, reputation.
No balance of probabilities existed or was established nor evidence other than heresay, the family lawyer of one of the PP's, who wanted an affidavit of evidence in defence of the respondent, refused to assist with an affidavit saying it wouldn't be accepted in court by a magistrate and the respondent has never had a say nor did that former mentioned of the police applicant's PP's who didn't want the order.
The respondent didn't ever have a say even with police and was initially locked up for hours and not allowed a solicitor.
The respondent is basically now destitute and after 3 years applied for a contest hearing but it didn't show up on the electronic listing system so the respondent missed it not fully realising FVIOs won't show up and the magistrate again finalised the order for the 2nd or 3rd time as previously the respondent was ill but couldn't contact or get through to the court or didn't know the then applicant was extending or reapplying.
What could be done in this situation? The initial claim of violence has come from a corrupt charity officer come public servant ie statutory authority employee and relatives as heresay and police as heresay with the suspicion being family scapegoating and the public servants and stat.auth. using the false accusations and subsequent interim then final orders to exact cruelty and power as well as obtain property by deception.
The BWCF showed respondent as innocent of the allegations but no pro bono lawyer accessed it for 2.8 years by which time the respondent's circumstances were and are severely damaged.
The respondent is now un the 5th year of this with one PP and witness to the respondent's innocence deceased.
The police had also laid charges based on heresay although the BWCF would have shown otherwise, has arrested based on heresay of breaches and also laid other charges based on heresay. The initial public service and stat.auth. interference was also based only on heresay.
This middle young adults' prospects are ruined with no priors, loss of time with the dying father, loss of home, destitution, abandonment by most of the family and inadequate help or negligent care by others, extensive loss of irreplaceable property and deaths and thefts of pets, ruined reputation and unable to use qualifications owing to charges and prohibition on obtaining public service work owing to the FVIOs not to mention being a prohibited person for a gun licence which all other citizens have a right to.
What should this poor person's path be?
Thank you in advance.
Maybe check out Americans in Action?
What would be considered good evidence in housing court
What if the plaintiff is having people call and harassing you. Is that considered a violation?
Hi no so far every state from what I've noticed say it unfairly go one way although I think you can file harassment charges against that person. I was being harassed after being lied on and my lawyer told that person lawyer to tell that person to stop the bs and the police officer told that person to stop antagonizing me
@@whoaskedyou. Thank you
@@The305swagg you're welcome I think that law needs to be changed it's really unfair . But if you have a lawyer tell him/her or the judge 🙂
@@whoaskedyou. Yea and the plaintiff is contacting my family about the case. This is insane
@@The305swagg that's definitely harassment
Can you record someone making threats of a false accusation in CA or does the two party rule make that still illegal?
yes its technically illegally to record someone without their knowledge
Can someone use Meta images to tell when a picture was taken?
🙏 thank you
I have a remote hearing as a respondent. Is it best to use a cell phone or a computer for the zoom meeting?
Computer, but if you can attend in person, that would be far better
@veronicatbartonesq is a cease and desist letter from 22 years ago from a kawyer valid as evidence against me in the protection order hearing against me?
It's hearsay! Unless it fall under one of the hearsay exceptions, of which there are a few. One that comes to mind is dying declarations. Those are accepted as fact and can't be cross examined. I've also personally witnessed a text message being used as the basis of a restraining order in California. The lawyer didn't object to it.
Thanks for all your videos!
Exactly. (Luckily, I don’t come across dying declarations much in DV cases….) So many attorneys don’t object to evidence enough. They’ll object to questions based on technicalities, which are easily cured, but apparently didn’t learn enough in Evidence class to actually keep evidence out. Thank you for watching, and you’re welcome!
Hello Veronica,
I’m so happy seeing this video , I have an hearing coming up and need advise on this . I'm a Muslim Afghan American and I have a DV case, on September 12th my son called the police, he was standing up for me to help me from his dad and his grandpa, husband was having verbal abuse argument with me and my son and he was constantly blaming everything on me. Then he called his dad, his dad come over the house and hit me grab me and choke me when my husband was trying to get him off of me and his husband’s dad come to straight my son and to called the juvenile on my son. When his dad put his hands on me my son got out of his room and said get your hands off my mom . When the cops arrived I was scared and frightened I was afraid for my life and my kids. I was still protecting my family, I didn't tell the cops the truth. When I file the DV and now the police report is making my case hard, because the judge won't believe me now. What is it should I do? I really need protection, I also have audio recordings my son is saying why grandpa hit my mom, and how his dad come in and hit me got physical with me.
What should I do now? Please advise, I don't want the DV to drop, I have court hearing on November 13,what should i do?
you can get these things in if you have the author.
Hi Veronica. My estranged husband lied on me and said I pointed my gun at him and I'm going to trial but he's texted me saying he misses me a lot and left a voicemail saying he's sorry for everything. The prosecutor believe I did it but my gun was put up and the police didn't find it I never point it or had it out he lied on me and I'm facing 18 years in jail for something I didn't do. What can happen once the prosecutor hear his voicemail and read his text messages. I also have a audio recording of him saying he can say he didn't have his glasses on and he was trying to get out of the situation he's basically coborating his story and I can't let the prosecutor hear it because it prove I violated the no contact order
@@Ozone_species idgaf what you believe I didn't fear him nor was it on me or found so mind your own business you sound crazy he's since been begging to be with me you don't know what you're talking about I guess that's also why he doesn't want to testify against me too he knows he lied and I have him on audio recording saying what he was going to tell the authority which was another lie and said he was trying to get out of the situation who do that or beg someone who pointed a gun at them you sound stupid too
@@Ozone_species 🤣🤣🤣I will
@@Ozone_species glad to know you were there along with the other witnesses that saw what happened a hole and he's scared to go to court and even changed his address so he doesn't get another subpoena I chose to go to trial he's scared too so talk about what you know with your ugly self
@@Ozone_species you sound nuts coming on a lawyer professional channel and harassing someone idk what you meant by he misses the life he had when he lived with me and was free to leave at anytime but wanted to come back to someone he lied on idgaf what you believe I hope Veronica block you
@@Ozone_species you might have a point. He was homeless when I met him and he's been homeless since after he lied and did a lot of other things to me so you're right he must've missed his old life 😂