What is the name of your state?What is the name of your state? Delaware
I am in the process of helping a relative appeal an order of protection of abuse in a domestic dispute. His ex-girlfriend served him with a summons on sunday June 12 in the evening. He was ordered to be in court the following Friday, June 17th for this hearing. This was filed in court on June 9th. At that time (9th) she tried to get it ex-parte but that was denied.
In addition to the protection hearing him he also had a visitation/custody hearing ( he was the plaintiff in this) against the same woman on wednesday June 15th that he was in the process of preparing for(the judge ruled the day of the hearing he would not hear this until the protection hearing was decided.) He could not afford a lawyer at this time so he spoke to legal aid and received pretty much basic help. At that time legal aid could not get him a lawyer in time for the protection hearing.
I feel that his due process rights were violated because as a pro se litigant he was not allowed sufficient time to prepare for an adequate defense. He had Mon and tues to prepare for both hearings and since a large part of wed was spent in court for visitation just a portion of that day. This left thursday for a total of 3 1/2 days to prepare for 2 trials . In addition he suffers from add and dyslexia both which were documented as a child. Does this make sense to anyone? Could this be a reason to grant an appeal?
thanks in advance,
cfdm
I am in the process of helping a relative appeal an order of protection of abuse in a domestic dispute. His ex-girlfriend served him with a summons on sunday June 12 in the evening. He was ordered to be in court the following Friday, June 17th for this hearing. This was filed in court on June 9th. At that time (9th) she tried to get it ex-parte but that was denied.
In addition to the protection hearing him he also had a visitation/custody hearing ( he was the plaintiff in this) against the same woman on wednesday June 15th that he was in the process of preparing for(the judge ruled the day of the hearing he would not hear this until the protection hearing was decided.) He could not afford a lawyer at this time so he spoke to legal aid and received pretty much basic help. At that time legal aid could not get him a lawyer in time for the protection hearing.
I feel that his due process rights were violated because as a pro se litigant he was not allowed sufficient time to prepare for an adequate defense. He had Mon and tues to prepare for both hearings and since a large part of wed was spent in court for visitation just a portion of that day. This left thursday for a total of 3 1/2 days to prepare for 2 trials . In addition he suffers from add and dyslexia both which were documented as a child. Does this make sense to anyone? Could this be a reason to grant an appeal?
thanks in advance,
cfdm