Is a domestic violence hearing open to the public?

[CdwJava]

Well, playing Devil's Advocate here, would this felon need to be served if he has no legal rights to the child? Assuming he is not bio-dad and was not married to the mom when the child was born, there would seem to be no legal process that would mandate him being involved at all. While he might be a figure that the child looked up to and considered "dad" that doesn't make him any more than mom's boyfriend or bed buddy and without legal standing vis-a-vis the child.

 

[latigo]

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?

If it is your purpose to modify the domestic violence order to allow your six year old to correspond with his stepfather, why the hell must it be kept a bloody secret?!

What is the boy to do if permission is granted, tell the man that he is to destroy his letters?

It seems that paranoia is clouding your reasoning; that of the counselor or both.

 

[Ohiogal]

Well, playing Devil's Advocate here, would this felon need to be served if he has no legal rights to the child? Assuming he is not bio-dad and was not married to the mom when the child was born, there would seem to be no legal process that would mandate him being involved at all. While he might be a figure that the child looked up to and considered "dad" that doesn't make him any more than mom's boyfriend or bed buddy and without legal standing vis-a-vis the child.

This is not a paternity action but rather a restraining order action in which the ex is the restrained party.THAT affects him and he has EVERY RIGHT to be served. Furthermore, he MUST be served because this would be about restraining HIS actions and such -- for that due process is necessary and required.

 

[latigo]

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.

Where in the Constitution is it written or words contained defining the inability of a petitioner to obtain the dismissal of a TRO or NCO unless prior notice is given to the respondent providing the opportunity to formally address the application?

Certainly not in the due process clause because there would be no depriving of a property right. If anything, restoration.

 

[Zigner]

Where in the Constitution is it written or words contained defining the inability of a petitioner to obtain the dismissal of a TRO or NCO unless prior notice is given to the respondent providing the opportunity to formally address the application?

Certainly not in the due process clause because there would be no depriving of a property right. If anything, restoration.

I think you're both talking about different things. Can a temporary order be issued without notifying the restrained party? Can a permanent order be issued without notifying the restrained party?

 

[latigo]

This is not a paternity action but rather a restraining order action in which the ex is the restrained party.THAT affects him and he has EVERY RIGHT to be served. Furthermore, he MUST be served because this would be about restraining HIS actions and such -- for that due process is necessary and required.

"Restraining HIS actions"? She's seeking to remove the bloody restraint, not impose one! Have you read the thread?

"I . . . asked to have the restraining order dropped "

So how could its removal be conceived as depriving the respondent of "life, liberty or property"? (Not mention that a stepparent has no parental property rights.)

Let's just suppose that she files her contemplated petition to dissolve the marriage and a division of marital "property". Then moves to voluntarily dismiss the action before a formal response. Must he be served with the motion before the court can act upon it? Because otherwise it would have "impacted him"[sic] and would have concerned "his rights to do something"?[sic] (Whatever those two odd phrases of yours are supposed to mean.)

 

[emilyrambal]

Domestic violence and abuse can happen to anyone, yet the problem is often overlooked, excused, or denied.

 

[CdwJava]

Domestic violence and abuse can happen to anyone, yet the problem is often overlooked, excused, or denied.

Yes - by the parties involved. And they wonder why it continues and they raise children who become victims and abusers themselves.

 

[stealth2]

Perhaps this is a foolish idea, but why can't you have the boy write "to his Dad", explain to him that the letters can't be mailed, nor can Dad respond, so you will hold on to the letters until such a time as things change. I expect the desire to write will taper off, and kiddo's counselor could help him through it.

 

[fledging]

I'm sorry but I don't understand why, if he has violated his restraining order and you feel he needs some mental health care, do you would go along with contact between him and your young son.

I don't know about NH, but in California, domestic violence and civil harassment hearings are in public court.

 

[Proserpina]

I'm sorry but I don't understand why, if he has violated his restraining order and you feel he needs some mental health care, do you would go along with contact between him and your young son.

I don't know about NH, but in California, domestic violence and civil harassment hearings are in public court.

And what happens in California is of absolutely no relevance to a NH thread.

 

[fledging]

And what happens in California is of absolutely no relevance to a NH thread.

I just added that in, that perhaps most, if not all, DV hearings are held in public court as the results are public.

But my main question still remains. If your ex has mental issues, why let your son (who isn't his biological son) stay involved with him? Look at the many headlines that involve domestic issues between a couple: a good percentage do not have a good result for the kids.

 

[Just Blue]

I just added that in, that perhaps most, if not all, DV hearings are held in public court as the results are public.

But my main question still remains. If your ex has mental issues, why let your son (who isn't his biological son) stay involved with him? Look at the many headlines that involve domestic issues between a couple: a good percentage do not have a good result for the kids.

Until you understand the laws regarding your OWN legal issues you should not attempt to advise others.