Monday, 9 June 2014

My friend has a hearing for a Temorary Restraining Order but does not have representation. His ex wife filed it that day she received the fi...

Question

My friend has a hearing for a Temorary Restraining Order but does not have representation. His ex wife filed it that day she received the final decree for their divorce to keep him from their kids. She is a paralegal and the attorney she works for is representing her. This didn't sound right to me. Should he also obtain representation?



Answer

He should absolutely have an attorney. These proceedings are strongly to the disadvantage of the defendant. Unfortunately they are not criminal proceedings so the public defender is not available. Your friend should be prepared to challenge a likely adverse recommendation of the hearing officer and try to get a hearing before the judge. Again, he ought to have an attorney.



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