Calling witness's in a hearing for a restraining order...

[Brian_Dalton]

1 hour before an emergency restraining order was taken out against me, an officer of that towns police dept was at the plantiffs address [by her request]. The plantiff and I had plans to discuss a matter of our child [we're seperated and our child resides with her] and I was on my way over. As I drove, she called me back mutiple times, but I didn't answer. I then recieved a text that the police will be there. I called and immediatly asked to talk to the officer [whom I am aquaintted with]. He listened to both sides, decided that she was just trying to "get me going", and suggested I go home, cease to call, and handle it through family court. I took his advice and then the next call I get is from that same police dept [details of that call are in my other thread that I just posted under same topic]. They notified me of an emergency restraining order that was just granted to the plantiff. An obvious ploy to taint my character in future probate procedes.

HERE IS MY QUESTION..........
How do I call that officer that was at the house, in as a witness? Acting as my own councel, what motion should I file to ensure that he is IN COURT FOR THAT HEARING? Thanks in advance for any help given.

 

[CdwJava]

How you go about issuing a subpoena for an officer to a civil proceeding will vary by state. You may have to check with a local attorney or the local court for that information. If you arte in CA I might be able to help you with that.

- Carl

 

[Brian_Dalton]

I'm in Boston ,MA. The procedures might not vary much from Cali laws, so any info you can give, even if it's out-of-state law, might put me in the right direction. Thanks.

 

[CdwJava]

Yeah, I just read your other thread.

Out here, the process includes going to the employing agency and putting down a "deposit" against the officer's salary so that you are effectively paying him (by paying the city) to attend court in your civil matter. This may not be the process where you are since the issue resulted from a process that directly involved the officer - this is why you need to check into it.

Keep in mind that a scheduled hearing will not necessarily invalidate the temporary order, only offer you an opportunity to respond in court.

- Carl

 

[Brian_Dalton]

Thanks for the info. I'll definitly check all angles. Do you have a opinion on the motion I wrote for the new hearing? It's posted right next to this thread, in the same section of the same forum. Thanks.

 

[CdwJava]

Honestly, I do not know whether your motion follows the proscribed format for your courts. I looked at it, and it appears to cover the areas necessary, but such things are so often about proper format and service, and not completely reliant on content. When acting pro se you will be expected to adhere to the same standards as an attorney who spent years learning this stuff. That's why "do-it-yourself" law can be dangerous.

- Carl

 

[Brian_Dalton]

Thanks Carl. I really appriciate the help.