Witch

[leech]

What is the name of your state? California

Long Story Short.

My boyfriend's Childrens mother has put him in jail with a false accusation of domestic violence, He didnt do it I was there. BUT he was on parole, so hes being detained. Two days ago she filed a restraining order against him and he was served the papers in Prison. The court date for the restraining order is on the 13th of November. He has been in there since the 18 of September awaiting a hearing. He most likely will NOT be able to attend the Nov. 13th court date concerning the restraining order. I know that if one party does not show up to a court date the other party wins. How do I go about this? Do i need to get a letter notarized explaining the situation. Would they extend the hearing? Post Pone it til hes out? Or will she win because he is UNABLE to show up? Any info would be greatly appreciated. Thank you.

 

[stealth2]

Does he have a lawyer? He should ask the lawyer to contact the court.

 

[leech]

No lawyer yet....is it possible to file for an extension or get the court date postponed without a lawyer?

Can an individual such as a family member with a notarized document signed by him stating he is currently detained suffice?

 

[stealth2]

I honestly don't know. But how is it possible that he has been imprisoned since mid-Sept and has no attorney?

 

[leech]

Well he was falsely accused of domestic violence and has been detained since Sept 18th. He was on parole and his awaiting a parole board date. When they went for the first screening (plea bargain) they informed him that his jail test scores were above/at college level and therefore he is competent enough to defend himself and is not going to be appointed a lawyer nor could he get one of his own. BUT in this case (restraining order) it is a completely different case so he can have one now...they are just damn expensive....around 5 grand.

 

[FJ1200guy]

What?

This is new info to me! You mean smart people aren't entitled to a court appointed lawyer?!?

Those jail tests must some accurate damn tests!

I learn something every time I look at this board.

 

[stealth2]

I have never heard of anything like that - they don't look at intelligence, but financial resources. Your boyfriend is selling you a bill of goods if that's what he told you.

 

[leech]

stealth2 - He has the finances to get an attorney, but they told him and I have talked to a lawyer that confirms this - He is only entitled to an attorney if this case should go to trial, it isnt going to trial. Its only going to the Parole board and when dealing with The Parole board they will only assign a "parolee" an attorney if it it apparent in his "scores" that he isnt competent enough to defend himself. As soon as I get the paperwork from the lawyer i consulted with about this situation I will have to tell you what it says word for word. Right now Im just reitterating what the lawyer told me.