Civil Rights Denied by Judge

[imkeyfur]

I was ordered to appear in court regarding child custody violations,and was forced to represent myself without counsel. I was held in contempt and sentenced for the violations that were stated. I have no legal understanding of the law and was turned down by Legal Aid prior to the hearing due to it being a conflict of interest and therefor had no legal representation. The Order In Suit stated that I was "Present and Ready" even though it was clearly apparent that I was not with counsel. I requested, with application in hand, to have an Attorney Ad Litem appointed, for my two children, to have the opportunity to provide the necessary documents from Child Protective Services to justify my actions, but was denied. The Order also states "that all the necessary prerequisites of the law have been legally satisfied",but I feel I was wronged. What can I do to get this fixed. I haven't the monetary means to hire an attorney and my two children are in risk of harm according to Child Protective Services investigations prior to the court date of March 16,2011. There is a new case opened by C.P.S.,as advised by them but now I have to agree to the Modification Order on March 29,2011 or another judgment will be issued against me.

 

[army judge]

Your civil rights weren't violated.
This is a civil matter.
You aren't entitled to court appointed counsel in civil matters.
You can hire your counsel.
Since you didn't hire one (it doesn't matter that you claim you can't afford to hire one), the hearing was held.
I suggest you hire counsel.
Or, bone up on the law by the next hearing date.

 

[mightymoose]

I was ordered to appear in court regarding child custody violations,and was forced to represent myself without counsel.

You are only given court appointed counsel in criminal cases. You should have come with an attorney or requested that the court give you more time to obtain private counsel- but if all you did was request appointment of counsel then that matter was addressed when it was denied.

If you can't afford an attorney then you will help yourself best by cooperating with the court and taking an active role in the proceedings. If you are being an obstruction to the court then you can expect further contempt charges.

 

[imkeyfur]

I requested an extension with the District Clerk's Office two days after receiving the Summons To Appear. That was five days before the Hearing and was shot down on that matter as well.

 

[army judge]

I requested an extension with the District Clerk's Office two days after receiving the Summons To Appear. That was five days before the Hearing and was shot down on that matter as well.

See, therein lies part of (if NOT all of) your problem.

You can't request a continuance on such short notice (unless you have certain specific reasons).

Again, I implore you to bone up on the law.

I suggest you do as Moose wisely counseled, participate and stop obstructing or ignoring the judicial process.

This can only get worse for you, UNLESS you change!!!!!!

 

[mightymoose]

I requested an extension with the District Clerk's Office two days after receiving the Summons To Appear. That was five days before the Hearing and was shot down on that matter as well.

You said you could not afford to hire an attorney anyway- so it would seem that your request for an extension is nothing short of a stall tactic. Having been denied the request, you could have appeared in court and made the same request, but would have to give good reason. You didn't do that- you demanded counsel be appointed for free.

Your problems in court have more to do with procedure than anything. You either need to cooperate or find someone affordable to represent your interests.