Is a domestic violence hearing open to the public?

[jamiefour4]

What is the name of your state (only U.S. law)? New Hampshire I have filed and received a final dv order against my soon to be ex husband. We have no biological children together, but I have 4 that he has been raising for more than 5 years. My youngest son only knows this man as his dad. There was no way in the dv order to ask for contact with the youngest because he isn't legally his. Well 6 months has passed and my ex has violated the order on several occasions. Nothing violent towards us. The last time was in late November and I called the police. It wasn't to get him in trouble it was to get him mental health help. Well he is in jail and will be for some time I am told. I went yesterday and asked to have the restraining order dropped because the youngest can't have any contact or my ex will get in trouble. Well I was told the judge wanted a hearing and placed the hearing date the same time and place that my ex has to go to court for trial on the November charges. I want to know if the judge is going to make my hearing open for everyone in the court to hear or is it a private court hearing?

 

[commentator]

Who, exactly is it that you do not want to hear the case being done?

 

[commentator]

New question. Why would you want to allow this proved to be abusive and unstable sounding person in your child's life when you do not have to do so? It sounds as though you are trying to reconcile with him, and his not being allowed around your five year old is going to be a problem in that. Is that what is going on? How do the other children feel about being around him, or have you inquired?

 

[RRevak]

New new question:

Why the heck did you allow your son to believe this man was dad!? Oh the therapy bills you're going to have later on....

 

[justalayman]

what you describe will most likely be an open court activity. There is no reason to have a closed hearing for what you described.

 

[Ohiogal]

Hearings are open. Why would you think it be private?

 

[RRevak]

Hearings are open. Why would you think it be private?

I'm wondering if A: she doesn't want kiddo finding out "dad" isn't dad or
B: someone else finding out dad isn't really dad

 

[jamiefour4]

I'm sorry I guess I didn't explain myself. My ex husband and I are NOT going to reconcile! My son would like to be able to send letters to my ex while he is in jail. I am trying to slowly get my ex out of my son's life. His counselor and I have discussed this at great lengths and feel this is the correct action. The reason I wanted to know if it was a public hearing or not is because I didn't want my ex to know I asked for the modification. If he is at the court at the same time for his trial and my hearing is open to the public then he will hear it.

 

[jamiefour4]

Oh and my son is aware that my ex is not his biological father. He is only 6 so it was an age appropriate conversation. His biological father wants nothing to do with my son and I can't tell him that. So I have explained what makes a dad and what makes a father!

 

[Ohiogal]

Oh and my son is aware that my ex is not his biological father. He is only 6 so it was an age appropriate conversation. His biological father wants nothing to do with my son and I can't tell him that. So I have explained what makes a dad and what makes a father!

So you want to remove the father figure who he considers dad from his life. Has the counselor talked to your husband at all?

 

[Ohiogal]

I'm sorry I guess I didn't explain myself. My ex husband and I are NOT going to reconcile! My son would like to be able to send letters to my ex while he is in jail. I am trying to slowly get my ex out of my son's life. His counselor and I have discussed this at great lengths and feel this is the correct action. The reason I wanted to know if it was a public hearing or not is because I didn't want my ex to know I asked for the modification. If he is at the court at the same time for his trial and my hearing is open to the public then he will hear it.

You have to serve your ex husband. So he has every right to hear about it. In fact, if he doesn't hear about it, the hearing won't go forward.

 

[jamiefour4]

I didn't have to serve my ex at all. In our state he doesn't have to even have notification of the hearing. The counselors have said that the best thing is to take it one step at a time. Nobody knows what will happen with my ex in the future. If he gets mental health services then remaining in my son's life may be an option. For now we are trying to think of what my son needs. The counselor is unable to talk to my ex because of the restraining order.

 

[Proserpina]

I didn't have to serve my ex at all. In our state he doesn't have to even have notification of the hearing. The counselors have said that the best thing is to take it one step at a time. Nobody knows what will happen with my ex in the future. If he gets mental health services then remaining in my son's life may be an option. For now we are trying to think of what my son needs. The counselor is unable to talk to my ex because of the restraining order.

There is a restraining order between the counselor and your ex?

 

[Proserpina]

I didn't have to serve my ex at all. In our state he doesn't have to even have notification of the hearing. The counselors have said that the best thing is to take it one step at a time. Nobody knows what will happen with my ex in the future. If he gets mental health services then remaining in my son's life may be an option. For now we are trying to think of what my son needs. The counselor is unable to talk to my ex because of the restraining order.

And yes, your ex must be served. Not for an ex parte, sure - but yes, for the "full" hearing.

 

[Ohiogal]

I didn't have to serve my ex at all. In our state he doesn't have to even have notification of the hearing. The counselors have said that the best thing is to take it one step at a time. Nobody knows what will happen with my ex in the future. If he gets mental health services then remaining in my son's life may be an option. For now we are trying to think of what my son needs. The counselor is unable to talk to my ex because of the restraining order.

Yeah, you are wrong. Completely and totally wrong. If the hearing concerns HIS rights to do something or impacts him, he needs served. That little thing called the Constitution. You are completely wrong.