Results 1 to 5 of 5
  1. #1

    Default Attorney for Trial

    My question involves restraining orders in the State of: California

    A few months ago I filed an Order to Show Cause for Contempt on a Domestic violence restraining order. Today was the arraignment and my husband pled not guilty and a trial date was set for January. The judge told me as the petitioner I will be held to the same standard as the DA for prosecution and I cannot have a lawyer substitute in for me. Does this mean I am not allowed to retain a lawyer at all for assistance? And what does it mean when the judge says I'm held to the same standards as the DA? If I'm not allowed to retain a lawyer I just want to make sure I'm prepared as best as possible. If I am allowed to have a lawyer would I need a family law attorney or a criminal law attorney?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,253

    Default Re: Attorney for Trial

    Quote Quoting EShear0715
    View Post

    The judge told me as the petitioner I will be held to the same standard as the DA for prosecution and I cannot have a lawyer substitute in for me. Does this mean I am not allowed to retain a lawyer at all for assistance?
    No. In fact, I would urge you to consult one for assistance and advice even if he cannot represent you in court.

    Quote Quoting EShear0715
    View Post

    And what does it mean when the judge says I'm held to the same standards as the DA?
    My guess is that the burden is on you to prove, beyond reasonable doubt, that your husband did what you are accusing him of doing.

    The most important part of that is that you bring witnesses to court to personally testify that they saw him do what you accuse him of doing. A lawyer can advise you on that and on any other evidence you'd need to present.

    Quote Quoting EShear0715
    View Post
    If I am allowed to have a lawyer would I need a family law attorney or a criminal law attorney?
    Depends on what the restraining order says, what he did to violate it, what the potential penalty is, and what your goal is.

  3. #3

    Default Re: Attorney for Trial

    I have an appointment with a lawyer to meet and see if I have a strong enough case for the trial. She said if I do not have a strong enough case paying for representation isn't worth it since he will get a public defender. My question is, if she advises me that I don't have adequate evidence to prove a case, what do I do then? Do I just not show up to court? Or is there something I can file?When it comes time to file to renew my restraining order will this contempt filing ultimately make me look bad in the courts eyes?

  4. #4
    Join Date
    Mar 2013
    Posts
    18,253

    Default Re: Attorney for Trial

    You go to the hearing and you tell your story. Your testimony is evidence. If you have nothing else but that the judge will have to make a ruling based on your credibility. Even if he doesn't find your ex in contempt he's likely admonish him about his behavior and let the RO remain in force. There's no way to predict what will happen come renewal time but I don't think that this contempt thing will make you look bad. You had good reason for it when you first got it.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,039

    Default Re: Attorney for Trial

    Quote Quoting EShear0715
    View Post
    The judge told me as the petitioner I will be held to the same standard as the DA for prosecution and I cannot have a lawyer substitute in for me.
    I believe that the same standard as the DA means that you are expected to understand court procedures, rules, and the law. But I don't understand why and under what if any rules you would not be able to have an attorney substitute for you if that attorney makes a showing of substitution by filing the required forms before the trial. I find no CA rule or law that would forbid it.

    1. Sponsored Links
       

Similar Threads

  1. Working With a Lawyer: My Lawyer is Sending a Different Attorney to My Trial
    By lawfacts in forum Legal Practice
    Replies: 1
    Last Post: 09-25-2016, 10:28 PM
  2. Trials: Trial Judge Used to be Defendant's Attorney
    By RachelMarie041 in forum Criminal Procedure
    Replies: 1
    Last Post: 09-30-2009, 02:12 PM
  3. Legal Malpractice: Attorney Didn't Do His Job At Trial
    By marli7 in forum Malpractice Law
    Replies: 5
    Last Post: 11-01-2007, 06:04 PM
  4. Divorce: Scheduled for trial and my spouse has no attorney
    By jwiles in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 04-11-2005, 08:32 AM
 
 
Sponsored Links

Legal Help, Information and Resources