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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Had a hearing pfa yesterday judge stated that there were

Customer Question

Had a hearing for a pfa yesterday judge stated that there were no threats introduced into evidence by petitioner. During her ruling however, she says " I see a text where defendant says he is going to slap petitioner." When I tried to explain message in context judge said I was not allowed to speak. Judge based her ruling on that evidence that she introduced and did not allow me to address said statement. Did she deny me due process?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. The term "due process" is an idea, and is applied in different matters differently. Due process mostly applies to criminal matters, not civil.This was a restraining order hearing. The Court can and often does ask the parties not to speak or to halt their tongue. Now you have every right to testify, but this has to be done when it is your turn to testify and not to cut off the other party and/or the Judge to explain something. The Judge has a right to control the parties in a hearing. They can ask you to be quiet. This was not a breach of due process. However of course you have every right to appeal and/or to file for motion for reconsideration. Please let me know if you need information on this. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.