denied a lawyer

[mkoenamann]

I had a hearing a week ago regarding a restaining order issued againts me by a crappy nieghbor. He has a history of lying and fabricating stories. Everything he had listed in the restraining order was untrue. I had very little time, only a couple of days, between the notification and the hearing. Also, my lawyer was on vacation. At the begining of the hearing before the hearing could begin, I asked to postpone the hearing so that could aquire a lawyer for representation. I was immediatly denied a lawyer and the hearing continued. The question is did I have a right to an attorney and did the judge have a right to deny me one?

 

[seniorjudge]

I don't understand why you think you were denied a lawyer?

Clarify that.

Also, this is a civil matter so the taxpayers don't have to pay for your attorney.

 

[CdwJava]

I had a hearing a week ago regarding a restaining order issued againts me by a crappy nieghbor. He has a history of lying and fabricating stories. Everything he had listed in the restraining order was untrue. I had very little time, only a couple of days, between the notification and the hearing. Also, my lawyer was on vacation. At the begining of the hearing before the hearing could begin, I asked to postpone the hearing so that could aquire a lawyer for representation. I was immediatly denied a lawyer and the hearing continued. The question is did I have a right to an attorney and did the judge have a right to deny me one?

How much time had passed between your notice of the hearing and the hearing itself? I'd guess at least three to four weeks ... that's usually sufficient time for you to contact your lawyer, have him tell you he'll be gone, and for you to get another one.

And, of course, none of it at taxpayer expense.

- Carl

 

[mkoenamann]

I was given the notice on Thursday of the hearing on the following tuesday. It was hard enough to get excused from work much less find a lawyer in that time. What is the typical procedure?

 

[CdwJava]

The "typical" procedure depends on the state. Out here the court date is usually three to four weeks or more after application. However, if the TRO is no served until a few days before the hearing, then the most that can usually be done is to request an extension.

You might want to speak to your attorney about appealing the decision if it is possible.

- Carl