Can a lay person (friend) talk for me in court?

[Mikeapple]

State California.

I filed a restraining order in California. My court date is in 30 days. Can I have a friend talk on my behalf in court. I'm very shy and emotional, and it scares me to have to up there and talk in front of my abuser? Do I have to attend the hearing?

 

[justalayman]

yes, you have to attend the hearing and no, you cannot have a friend speak for you, unless that person is a lawyer. Even then there are times you will have to talk.

 

[sandyclaus]

State California.

I filed a restraining order in California. My court date is in 30 days. Can I have a friend talk on my behalf in court. I'm very shy and emotional, and it scares me to have to up there and talk in front of my abuser? Do I have to attend the hearing?

Short answer: NO. You cannot have someone else speak on your behalf to represent your interests in court unless they are a licensed attorney.

If you are at all serious about getting that restraining order, you should consider hiring an attorney to represent you. You also need to be aware that you WILL be required to speak in front of the court - AND your abuser, while in court - in order to give testimony as to why you need the restraining order against them. An attorney can help keep control of what happens in there, and help protect you from any attempts the abuser may make to threaten, scare, or intimidate you.

 

[Mikeapple]

Short answer: NO. You cannot have someone else speak on your behalf to represent your interests in court unless they are a licensed attorney.

If you are at all serious about getting that restraining order, you should consider hiring an attorney to represent you. You also need to be aware that you WILL be required to speak in front of the court - AND your abuser, while in court - in order to give testimony as to why you need the restraining order against them. An attorney can help keep control of what happens in there, and help protect you from any attempts the abuser may make to threaten, scare, or intimidate you.

Thanks for the response. My original petition for the restraining order did not have a lawyers name on it. Can I just show up to court with an attorney, or do I need to file paperwork? Also, do you know roughly what an attorney would charge?

 

[justalayman]

yes, you show up as directed on the notice.

no idea what a lawyer would cost. Not only do they set their own prices, no idea what all you are needing one to do for you. Generally they do not just "show up" for court. They need to know why they are there. That could require some research.

 

[sandyclaus]

Thanks for the response. My original petition for the restraining order did not have a lawyers name on it. Can I just show up to court with an attorney, or do I need to file paperwork? Also, do you know roughly what an attorney would charge?

Yes, you can show up in court with an attorney. They will file the proper "Substitution of Attorney" form with the court so that they can represent you.

As for pricing, you should be prepared to spend at least several hundred dollars to a couple thousand dollars on a decent attorney. You can contact the local Bar Association or even a local Domestic Violence organization who can probably give you a referral to a competent attorney who specializes in restraining order cases.

 

[justalayman]

Sorry sulley. I misread your question about just showing up. As sandyclaus said, yes, you can just show up with a a lawyer.

 

[latigo]

Sorry sulley. I misread your question about just showing up. As sandyclaus said, yes, you can just show up with a a lawyer.

Mmm?

Please pardon the intrusion, but are you also in accord with Ms. "Wannabe" that such a lawyer could not speak on behalf of his client without first filing “the proper ‘Substitution of Attorney’ form”?”

And that this simple process could not be made a matter of record in open court, without the “proper form” having been first submitted?

But then maybe the judge might call a recess to permit a forgetful attorney to return to his office to locate the “proper form”.
__________

Isn’t it amazing how much an individual can learn about this discipline by simply sitting and pondering? Think of the all the midnight oil we wasted.

And if you are going to begin this eye to eye business with Mrs. “Walter Mitty”, your picture will soon be coming down.

Oh, and just as a matter of curiosity, how many attorneys could you name that “specialize” in the lucrative field of “restraining order cases”? That is, without consulting the Yellow Pages or Fortune Magazine.

 

[justalayman]

=latigo;3182240]Mmm?

Please pardon the intrusion, but are you also in accord with Ms. "Wannabe" that such a lawyer could not speak on behalf of his client without first filing “the proper ‘Substitution of Attorney’ form”?”

no. I had misread the query (in a rush and did not read the entire question) and missed the part about "with an attorney" saying she did not have to file any paperwork before she just showed up in court.



I was simply correcting that to mean: yes, you can show up with an attorney without having to have filed paperwork.

as to the paperwork to register as her attorney; I am sure it would be filed in due course. I cannot imagine a court not allowing a lawyer standing next to a party to the case and claiming to be that party's representative not being allowed to speak on behalf of the party. I would suspect nothing more than a

judge; [party], does [Mr Laywer next to you] represent you in these proceedings

party: yes





would be required to allow the hearing to move forward with any filing of paperwork being allowed to be completed later.

 

[Zigner]

Mmm?

Please pardon the intrusion, but are you also in accord with Ms. "Wannabe" that such a lawyer could not speak on behalf of his client without first filing “the proper ‘Substitution of Attorney’ form”?”

And that this simple process could not be made a matter of record in open court, without the “proper form” having been first submitted?

But then maybe the judge might call a recess to permit a forgetful attorney to return to his office to locate the “proper form”.
__________

Isn’t it amazing how much an individual can learn about this discipline by simply sitting and pondering? Think of the all the midnight oil we wasted.

And if you are going to begin this eye to eye business with Mrs. “Walter Mitty”, your picture will soon be coming down.

Oh, and just as a matter of curiosity, how many attorneys could you name that “specialize” in the lucrative field of “restraining order cases”? That is, without consulting the Yellow Pages or Fortune Magazine.

That's a bit snarky - and unwarranted. The ATTORNEY will know what to do once retained. We're not advising the attorney though. The OP wouldn't be filing any Substitution of Attorney form, would she?