Judge Communication And Rights

Summary

A judge should not use the exercise of your constitutional rights against you. If a petitioner approaches you to cause a violation of an ex parte order, document the incident and present evidence in court. File a motion to address any improper ex parte communication with the judge. There may be a fee to file a motion, but a fee waiver could be available based on financial need.

Full Conversation

Yes. I was protesting and * people got an ex parte against for that. Under the ex parte I have to stay * feet away from said people. I was protesting * feet away and one of the pertectioners came towards me recording and I made an attempt to get away but I was with in distance and she evidently sent it to the judge and now our court date has been changed. In the record it says correspondence sent to judge
It's important to understand your rights and the conditions of the ex parte order. Here are some general points:
- You have a constitutional right to protest.
- An ex parte order requires you to maintain a specified distance.
- If the petitioner approaches you, your obligation to maintain distance still applies.
Would you like information on how to address this issue in court?
Yes. What if they are rushing towards me just to get me in violation?
If the petitioner is intentionally approaching you to cause a violation of the ex parte order:
- Document the incident thoroughly (videos, witness statements).
- Present this evidence in court to show that the petitioner is instigating the violation.
- Request the court to address this behavior, possibly modifying the order.
Would you like more detailed information on preparing for your court appearance?
Yes
To prepare for your court appearance:
- Gather all evidence, such as videos and witness statements, showing the petitioner approaching you.
- Be ready to explain and prove that you attempted to comply with the order.
- Consider requesting a modification of the ex parte order to address the petitioner's behavior.
Would you like tips on how to present this evidence in court?
Yes
To present your evidence in court effectively:
- Organize your evidence chronologically.
- Clearly explain each piece of evidence and its relevance.
- Practice your testimony to be concise and to the point.
- If possible, bring witnesses who can corroborate your account.
Would you like information on what to expect during the court proceedings?
Yes
During court proceedings, you can expect:
- The judge will review evidence from both sides.
- You will have the opportunity to present your evidence and testimony.
- The petitioner will also present their case.
- The judge may ask questions to clarify details.
Do you have any specific concerns about the court process?
Is she wrong for going to the judge instead of the police
If she feels that the petitioner is intentionally trying to cause a violation, it may be more appropriate to address this with the court, as they issued the ex parte order. This can ensure that any modifications to the order can be made to prevent future issues.
Is there any other specific concern you have regarding this situation?
Is it wrong that the petitioners sent a correspondence to the judge without me being present instead of going to the police
It could be seen as improper for the petitioner to communicate with the judge without your presence, as ex parte communications are generally discouraged. However, the court may consider such communication if it pertains to the order's enforcement.
Would you like guidance on how to address this potential ex parte communication with the court?
Yes
Case Rating: *
To address the potential ex parte communication with the court:
- File a Motion: You can file a motion with the court to raise the issue of the petitioner's communication with the judge without your presence.
- Request a Hearing: Ask for a hearing to discuss this matter and any potential modifications to the ex parte order.
- Present Evidence: Bring any evidence that shows the petitioner’s actions and how they may have influenced the judge’s decision unfairly.
Would you like information on how to file a motion?
Is the a fee to file a motion
There is typically a fee to file a motion, but the amount can vary based on your location and the type of motion. You may also be eligible for a fee waiver if you cannot afford the fee.
Would you like more information on how to apply for a fee waiver?
Yes
To apply for a fee waiver:
- Obtain a fee waiver form from the court's website or clerk’s office.
- Fill out the form with details about your financial situation.
- Submit the completed form along with your motion.
Would you like information on how to fill out the fee waiver form?