NopoRedford
Junior Member
Multnomah County, Oregon.
So to start off, I'm writing this question on behalf of a friend's legal issue.
I'll give you the background in a nutshell, as it shouldn't be hard to understand.
My friend got his girlfriend pregnant. A few months later they break up. She has some serious mental issues, which she is admittedly undergoing counceling to address.
She started doing cocain while pregnant with the child, and when my friend found out, he was upset and threatened to take it to Child Protective Services, she got scared and 3 weeks later went down and filed a restraining order claiming fear of violence.
Upon being served, my friend was at the courthouse the next day to request a hearing, and today was the hearing.
So my friend came armed with a notarized statement from the girlfriend's roommate, explaining how the girlfriend was doing drugs, and planned to get a restraining order to block my friend from being a part of the (currently unborn) child's life. The roommate was not able to attend the hearing as a witness, as she had recently moved across the country (from Oregon to Georgia). The girlfriend brought her mother as her only witness.
So here is where my questions come to play. I was at the hearing with my friend today. The judge led the girlfriend to object to the letter. To the terms of "Well this witness is not here, so you can't cross examine her... You want to object to this, right?" Then sustains the exhibitory objection (I think that was the term that he used). Then when the girlfriend's witness (mother) was on the stand testifying, it was all hearsay. There were no lawyers in the courtroom, as apparently it's pretty uncommon for them, we were told, in Oregon. So as the witness was telling the judge everything she was told, none of which she witnessed, or even attempted to prove, my friend didn't know he should have objected. The judge soaked all of this up, and at the end ruled against my friend, sighting much of the testimony that the mother gave, which she admitted was hearsay (my daughter called and said...). The girlfriend never even claimed any actual physical abuse or violence. My friend has a squeaky clean record, and works as a state certified security guard. This order jeopardizes his ability for a promotion to an armed guard, and may even jeopardize his job as the restraining order can be viewed as an ethics violation to the state certification board.
So my question, is there a way for my friend to appeal this decision. I believe my friend wasn't defended properly, and the judge was very one sided on his ruling. I even asked the court clerk if I could give my friend a note, as I was taking notes from the gallery. The judge really streamrolled him.
We know that he should have sought legal council before the hearing, but financial restraints, and his innocence kept him from doing so. If ifs and buts were candy and nuts, we'd all have a Merry Christmas, right?
Is there a way to appeal this ruling and have it heard by another court, or are restraining orders a done deal until they expire and another hearing is done in 2 years?
Thanks in advance.
So to start off, I'm writing this question on behalf of a friend's legal issue.
I'll give you the background in a nutshell, as it shouldn't be hard to understand.
My friend got his girlfriend pregnant. A few months later they break up. She has some serious mental issues, which she is admittedly undergoing counceling to address.
She started doing cocain while pregnant with the child, and when my friend found out, he was upset and threatened to take it to Child Protective Services, she got scared and 3 weeks later went down and filed a restraining order claiming fear of violence.
Upon being served, my friend was at the courthouse the next day to request a hearing, and today was the hearing.
So my friend came armed with a notarized statement from the girlfriend's roommate, explaining how the girlfriend was doing drugs, and planned to get a restraining order to block my friend from being a part of the (currently unborn) child's life. The roommate was not able to attend the hearing as a witness, as she had recently moved across the country (from Oregon to Georgia). The girlfriend brought her mother as her only witness.
So here is where my questions come to play. I was at the hearing with my friend today. The judge led the girlfriend to object to the letter. To the terms of "Well this witness is not here, so you can't cross examine her... You want to object to this, right?" Then sustains the exhibitory objection (I think that was the term that he used). Then when the girlfriend's witness (mother) was on the stand testifying, it was all hearsay. There were no lawyers in the courtroom, as apparently it's pretty uncommon for them, we were told, in Oregon. So as the witness was telling the judge everything she was told, none of which she witnessed, or even attempted to prove, my friend didn't know he should have objected. The judge soaked all of this up, and at the end ruled against my friend, sighting much of the testimony that the mother gave, which she admitted was hearsay (my daughter called and said...). The girlfriend never even claimed any actual physical abuse or violence. My friend has a squeaky clean record, and works as a state certified security guard. This order jeopardizes his ability for a promotion to an armed guard, and may even jeopardize his job as the restraining order can be viewed as an ethics violation to the state certification board.
So my question, is there a way for my friend to appeal this decision. I believe my friend wasn't defended properly, and the judge was very one sided on his ruling. I even asked the court clerk if I could give my friend a note, as I was taking notes from the gallery. The judge really streamrolled him.
We know that he should have sought legal council before the hearing, but financial restraints, and his innocence kept him from doing so. If ifs and buts were candy and nuts, we'd all have a Merry Christmas, right?
Is there a way to appeal this ruling and have it heard by another court, or are restraining orders a done deal until they expire and another hearing is done in 2 years?
Thanks in advance.