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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
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I brought an order to show cause in a family law court and

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I brought an order to show cause in a family law court and won the hearing, I think. I filed it myself and even though I asked for some sanction against my ex, the commissioner gave his order and I didnt hear anything about fines or jail, but he ordered a evidentiary hearing on two issues, communication for his horribe texts to me on parent time and his drinking when he has our kids for his parent time. do i need to go to another hearing now and show more evidence? I can do this with the bad texting issue but Ican't with the drinking issue unless my kids can give testimony. Do i just bring them to court and have them answer questions? I can't prove the drinking problem without them telling the court what happened and what they saw because i wasnt there. They just told me about it. They are 14 and 12. I can't afford a lawyer to do it. thanks for any help.
Submitted: 3 years ago.
Category: Family Law
Expert:  Dave Kennett replied 3 years ago.

Dear JACUSTOMER - The court has ordered an evidentiary hearing which means the judge wants to hear some testimony as to the facts of the case. Most courts will listen to a 14 year old and sometimes a 12 year old so you should certainly bring them as witnesses. In some cases the judge will order their testimony to be "in camera" meaning privately with just the judge. This is because most judges don't want to force a child to testify against a parent in open court.

 

You have not actually "won" the case but you have at least gotten the court to agree to continue with an evidentiary hearing meaning you were able to show that there was probable cause to believe the allegations are true.

 

Dave Kennett

Customer: replied 3 years ago.
thanks for that answer. That helps a lot. So, should i also bring all the emails and my cell phone with texts on it, to show the court? I can't print off the texts. It sounds like i will need to ask my kids questions if the court won't talk to them privately. I guess i just ask them to tell the court what they saw. How do i ask myself questions or do i just talk and tell about the problems?
Expert:  Dave Kennett replied 3 years ago.

Yes you are correct in everything you said. You simply will tell your story to the court and testify that the emails are true and correct copies of what you received. The court will generally give a lot of leeway to the pro se litigant knowing that you are not familiar with all the rules of evidence.

 

Dave

Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
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