Attorney for Trial

[EShear0715]

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?

[adjusterjack]

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.

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.

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.

[EShear0715]

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?

[adjusterjack]

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.

[budwad]

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.