Restraining orders

[Wiliiam L]

If you are a plaintiff and there is a hearing for the purpose of obtaining a restraining order are you allowed in that hearing along with your attorney?

 

[Jack Mevorach, Esq.]

You ought to be. If access is denied, the attorney should insist that the Court state its reasons for doing so on the record.

 

[Wiliiam L]

I live in Indiana and this hearing was for the restraining order to keep the defendent from disposing of my property and it was also a order for replevin. Before the hearing I was told by my attorney that I was not allowed to speak with the Judge and the hearing was in the Judges office and the only people in there was the attorney fo me and the defendents attorney. Needless to say my replevin was denied but the resraining order is in effect. My Attorney never took any of my documents in to show that the property belong to me, so I'm kinda confused of what actually went on.Should ths hearing been held in a court room?

 

[Jack Mevorach, Esq.]

The court system is supposed to be public. That does not automatically mean that cameras are allowed, but it does mean that hearings and trials are supposed to be held in open court, for all to see. Prospective witnesses are excluded because we don't want them to hear the witnesses before them, and conform their testimony. The clients, of course, are allowed in the courtroom.

Certain hearings and trials are closed to the public; for example, cases where children are involved, or other sensitive matters. Often these are heard in judge's chambers, out of public view.

But yours doesn't sound like one of those. Sounds like you should have been privy to the proceedings. Inquire further.

 

[Wiliiam L]

Thanks Jack,Thats what I thought to. Went to get a transcript on what was said in the hearing and there isn't one. So no one knows what was said in there.