Trial went haywire via zoom need advice on how to proceed

[Kayliannie]

What is the name of your state?CA

I have been participating in a zoom trial in probate court in orange county California and I have a question about how to proceed after the following happened in court yesterday via zoom. To give a very brief background on the case my daughters father is barred from any contact with her, as a protective order is in place protecting her and myself, and there has been a preotective order protecting her from him the majority of her 13 years on earth. His sister, lives in Hawaii with his father and they are petitioning for guardianship, his sister was discharged from the navy for having a personality disorder and she has been terrorizing myself and my family for as long as my daughter has been alive. So, yesterday during trial his mother was on the stand and as I began my cross-examination of the witness the judge stopped me multiple times stating that my questions had to be based on the scope of questions that were just asked of the witness which stopped basically my entire line of questioning. Next, the sister in Hawaii was asking questions of the paternal grandmother and the line of questioning began to veer far away from the scope of questions that were just asked, so my parents attorney objected and told the judge basically you just stopped the mother from her line of questioning as it veered from the scope, yet you are allowing such questions to be asked by the paternal aunt and I just want to make you aware of that. The judge continued to allow the questions, and the paternal grandmother began to make claims that she has concerns about me with my child because she knows I am engaged in pornography and I objected that she was testifying to facts not in evidence, and this was well beyond the scope. At that point my daughters father interjected, well what do we need to file the videos into evidence, and I objected again, stating, there is a current protective order in place and he just claimed to have possession of a pornographic video of me which is in direct violation of the protective order, your honor, you are letting them say and do whatever they want and you wont even let me ask a question. At this point the paternal aunt held her iphone up to her webcam and there were like six thumbnails of hardcore pornographic images which I didn’t see a face on or anything except a lot of vagina and penis, and after holding it there for like five seconds the judge finally saw and was super angry he started yelling that how dare she shove that in his face and how if she was present in court he would sanction her, and everyone needed to come back in fifteen minutes. We were scheduled for trial all day and when the judge returned he said we will be concluding this trial and gave us three days next week, but at this point I think the judge was giving them preferential treatment which allowed this situation to get to this point, I feel so incredibly violated and the misrepresentation of who I am is so aggregous, Im wondering what my options are are, can I file for sanctions against the paternal aunt myself? Is this grounds for a mistrial? Is this judicial misconduct? Should I file for a protective order protecting myself from the aunt?

 

[stealth2]

Why are your parents involved, and why do they need an attorney?

 

[adjusterjack]

And why are you questioning anybody? You obviously have no clue as to court procedure? Why don't you have your own attorney? Why does your father have an attorney and not you?

Im wondering what my options are are, can I file for sanctions against the paternal aunt myself? Is this grounds for a mistrial? Is this judicial misconduct? Should I file for a protective order protecting myself from the aunt?

All those questions should be answered by an attorney that you hire to represent you.

Protective orders don't keep people out of a courtroom. In other words, they would be excused from the order so that they can testify.

 

[Litigator22]

What is the name of your state?CA

I have been participating in a zoom trial in probate court in orange county California and I have a question about how to proceed after the following happened in court yesterday via zoom. To give a very brief background on the case my daughters father is barred from any contact with her, as a protective order is in place protecting her and myself, and there has been a preotective order protecting her from him the majority of her 13 years on earth. His sister, lives in Hawaii with his father and they are petitioning for guardianship, his sister was discharged from the navy for having a personality disorder and she has been terrorizing myself and my family for as long as my daughter has been alive. So, yesterday during trial his mother was on the stand and as I began my cross-examination of the witness the judge stopped me multiple times stating that my questions had to be based on the scope of questions that were just asked of the witness which stopped basically my entire line of questioning. Next, the sister in Hawaii was asking questions of the paternal grandmother and the line of questioning began to veer far away from the scope of questions that were just asked, so my parents attorney objected and told the judge basically you just stopped the mother from her line of questioning as it veered from the scope, yet you are allowing such questions to be asked by the paternal aunt and I just want to make you aware of that. The judge continued to allow the questions, and the paternal grandmother began to make claims that she has concerns about me with my child because she knows I am engaged in pornography and I objected that she was testifying to facts not in evidence, and this was well beyond the scope. At that point my daughters father interjected, well what do we need to file the videos into evidence, and I objected again, stating, there is a current protective order in place and he just claimed to have possession of a pornographic video of me which is in direct violation of the protective order, your honor, you are letting them say and do whatever they want and you wont even let me ask a question. At this point the paternal aunt held her iphone up to her webcam and there were like six thumbnails of hardcore pornographic images which I didn’t see a face on or anything except a lot of vagina and penis, and after holding it there for like five seconds the judge finally saw and was super angry he started yelling that how dare she shove that in his face and how if she was present in court he would sanction her, and everyone needed to come back in fifteen minutes. We were scheduled for trial all day and when the judge returned he said we will be concluding this trial and gave us three days next week, but at this point I think the judge was giving them preferential treatment which allowed this situation to get to this point, I feel so incredibly violated and the misrepresentation of who I am is so aggregous, Im wondering what my options are are, can I file for sanctions against the paternal aunt myself? Is this grounds for a mistrial? Is this judicial misconduct? Should I file for a protective order protecting myself from the aunt?

1. Nothing you have disclosed in this boring cyberspace melodrama would serve as grounds supporting the imposition of court sanctions against any of the participants, OR a motion for mistrial OR a protective order.

2. In limiting your cross-examination of the opponent's witnesses to matters alluded to in the direct examination of said witnesses the judge was acting within the rules of evidence. See: (California Evidence Code Section 772 (a) *

However, the same limitation did not apply to the sister's examination of the same witnesses. The reason being that the sister's interests were one and the same as the party having originally called the witness for direct examination. For her purposes the sister would be treated as if conducting a direct examination of said witnesses. (See California Evidence Code Section 772 (b)) **

Had you not been totally out of your element (as revolting as it is) and versed in the rules of evidence you'd have known how to call and interrogate and impeach adverse witnesses without being limited as aforesaid, but I'm not inclined to tell you.
_______________________

[*] (a) A witness examined by one party may be cross-examined upon any matter within the scope of the direct examination by each other party to the action in such order as the court directs.

[**] (b) The cross-examination of a witness by any party whose interest is not adverse to the party calling him is subject to the same rules that are applicable to the direct examination.

 

[Kayliannie]

Why are your parents involved, and why do they need an attorney?

My parents are involved and represented by an attorney because they filed for guardianship of my daughter in 2018, the paternal aunt and paternal grandfather in Hawaii together filed a competing petition for guardianship stating that my daughter shouldn’t be with me or with my parents, originally they were represented by counsel but parted ways about 2 years ago and now are in pro per, paternal grandmother was a ca resident when the case was opened and about two years ago moved to Hawaii near aunt and grandfather she has a petition for visitation and was the witness testifying, I filed an objection from day 1 and I do not have the financial means to pay an attorney therefore am self represented and have been during the duration of these proceedings, finally my daughters father whom we are protected against is in ca and also self represented

 

[Just Blue]

My parents are involved and represented by an attorney because they filed for guardianship of my daughter in 2018, the paternal aunt and paternal grandfather in Hawaii together filed a competing petition for guardianship stating that my daughter shouldn’t be with me or with my parents, originally they were represented by counsel but parted ways about 2 years ago and now are in pro per, paternal grandmother was a ca resident when the case was opened and about two years ago moved to Hawaii near aunt and grandfather she has a petition for visitation and was the witness testifying, I filed an objection from day 1 and I do not have the financial means to pay an attorney therefore am self represented and have been during the duration of these proceedings, finally my daughters father whom we are protected against is in ca and also self represented

Why did your parents file for guardianship? Was it granted?

 

[Kayliannie]

thank you for your input. The judge himself said in court that if we were in person and she shoved that in his face he would sanction her immediately, and instead nearly fifteen different peoples computer screen were filled with those graphic images.... he Also said himself at the beginning of the trial that although it may seem informal because were on zoom, all the same rules and procedures of the court were to be respected, and this is what has transpired.

1. Nothing you have disclosed in this boring cyberspace melodrama would serve as grounds supporting the imposition of court sanctions against any of the participants, OR a motion for mistrial OR a protective order.

2. In limiting your cross-examination of the opponent's witnesses to matters alluded to in the direct examination of said witnesses the judge was acting within the rules of evidence. See: (California Evidence Code Section 772 (a) *

However, the same limitation did not apply to the sister's examination of the same witnesses. The reason being that the sister's interests were one and the same as the party having originally called the witness for direct examination. For her purposes the sister would be treated as if conducting a direct examination of said witnesses. (See California Evidence Code Section 772 (b)) **

Had you not been totally out of your element (as revolting as it is) and versed in the rules of evidence you'd have known how to call and interrogate and impeach adverse witnesses without being limited as aforesaid, but I'm not inclined to tell you.
_______________________

[*] (a) A witness examined by one party may be cross-examined upon any matter within the scope of the direct examination by each other party to the action in such order as the court directs.

[**] (b) The cross-examination of a witness by any party whose interest is not adverse to the party calling him is subject to the same rules that are applicable to the direct examination.

 

[Kayliannie]

Why did your parents file for guardianship? Was it granted?

They filed for guardianship because I had sole custody of her and got a dui ,which was my second in ten years ,and they were concerned I would go to jail and wanted to ensure my daughter was taken care of. Her father and I had a highly tumultuous relationship and he was ordered to have no contact with our daughter at that time. They were awarded temporary guardianship which they maintain

 

[Eekamouse]

Is there any truth to the accusations made about you doing porno films?