Maybe you’re in court for a domestic violence protective order (“50B”) or civil no-contact order (“50C”) hearing because your ex-lover is abusing, stalking, or harassing you. Or maybe it’s the other way around and you are defending against one of these types of orders. Certainly, there is a story to tell: their story—and your story.
In the end, the judge applies the law to the story they believe.
Hopefully, the judge believes your story.
Some people (maybe the opposing party) hire an attorney because an attorney can help tell their story. But unlike someone who hires an attorney, when someone is unrepresented, that is, they are representing themselves, some of the common pitfalls are:
- not sticking to the facts and
- not having personal knowledge of the facts.
Stick to the Facts
As I’m waiting to tell my client’s story, too many times I see people unsuccessfully represent themselves because they struggle telling their story. Sometimes they provide too much context, losing the judge’s interest. Other times they provide too many opinions without facts. Remember, the judge as the fact finder doesn’t know who you are and doesn’t know your story.
Be succinct and provide context only when necessary.
An opinion that your ex-lover is a liar, cheater, thief, or abuser, without any facts will likely fall flat. An opinion like this is meaningless without any facts. Be succinct and provide context only when necessary.
At Cruz Law, PLLC we believe in hearing your story. I sit down with my clients to listen to their story. Only after hearing you tell your story, do we discuss which facts are absolutely essential and which facts are less relevant.
Have Personal Knowledge of the Facts
I’ve seen parties try and read statements from other people to the judge. These other people are not in court testifying, but they gave a party a written statement. The party reading the statement typically doesn’t make it past the first sentence before the judge cuts them off. You can’t read someone else’s statement into evidence.
Testifying to what someone else said—who is not in court—will not advance your story. If anything, you will lose credibility.
Generally, every fact must come from personal knowledge. For example, a plaintiff may say, “My friend told me the defendant said she was going to hurt me.” This is not a fact from personal knowledge; this is knowledge from hearsay. Hearsay is an out of court statement offered for the truth of the matter asserted. It’s a foundational evidentiary hurdle. Testifying to what someone else said—who is not in court—will not advance your story. If anything, your will lose credibility.
If the facts from someone else are that important, well then at Cruz Law, PLLC we will do our best to get this person in court to testify to those facts. Perhaps, we need to subpoena this person or find an exception to the hearsay rules. Either way, this is why being represented by an attorney can help advance your story. Remember, the goal is to advance your story—not go backwards.
Someone Else’s Success Doesn’t Always Translate to Your Success
Some parties do represent themselves. Some are successful. Some are not. Maybe they weighed the risks. And for them, representing themselves was the best option. But consider what your risks are? A risk for you may be:
- your credibility amongst your community,
- your kids,
- your job,
- your career, or
- your home.
Maybe you are in the military. I was in the military. The standards are different. Your command will want to know why a domestic violence protective order or civil no-contact order was ordered against you.
Only you know your risks.
Simply because someone else is successful doesn’t mean you will be. And in a domestic violence protective order or civil no-contact order hearing, there are no take-backs. Unlike criminal district court, where as a defendant you can appeal a conviction de novo to criminal superior court, in a DVPO or civil no-contact hearing, your right to appeal is much more limited. In DVPO or civil no-contact order hearing hearing, you need a basis for appeal. Typically, hard, concrete evidence of fraud will get you there. But simply saying the other party is lying will not get you there.
Once a 50B or 50C order is entered, they last a year and are even renewable in some cases. Do not let someone else’s success representing themselves trick you into believing you will be successful. You do not know their particular facts and what their risks were. Only you know your risks.
Meet with an Attorney Soon—Not the Day of Court.
Preparing for these types of hearings takes time.
A domestic violence protective order and civil no-contact order case are fast moving, meaning you typically are served with the lawsuit and summons, you go to court once, maybe twice if you need time to hire an attorney. And then the hearing is held. But make no mistake about it. This is a bench trial in front of the judge. Preparing for these types of hearings takes time. An attorney needs time to:
- hear your story,
- help you understand the process and risks involved,
- interview witnesses,
- review video, recordings, social media, or text messaging evidence, and
- request or subpoena evidence from third parties.
The faster you speak with an attorney the better position the attorney is in to help tell your story. If you call an attorney the day before court or the day of court, you risk the attorney going in with a half-story. No one wants that. You want the judge to hear the full story. If you wait to call a lawyer until after court, when the order has been entered against you, your options are very limited.
At Cruz Law, PLLC we recognize that these types of hearings are emotional, time consuming, and stressful. But control what you can, which is giving us a call. We want to hear your story and help tell your story. This takes time. Pick up the phone and schedule a consult to discuss your options.
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