I am inquiring about how and if I can use affidavits in a court hearing that I have with the family court judge to rule on a domestic violence order that I filed.
My ex-boyfriend is extremely emotionally abusive and harasses and bullys me constantly in front of our baby and outside of that. (he is in contempt of the order by doing so as it states that we are not to disparage each other in front of our child) The last straw for me was when he lied to the child support judge trying to get a continuance claiming that I was not forthcoming with my commisions and full income. And has began harassing my family as well as myself.
The regular judge did not grant an emergency ex parte order but rather placed it in front of our family/custody judge as we have a permamnent cutody hearing in a couple of months. My ex has an atty and I am nervous as I am representing myself.
Question #1 Is there a likelihood that he could be granted a continuance for this dom. protection order by his atty. What are the odds of him getting it as I am so tired of the abuse and dont know what else to do.
#2 At the last hearing I brought affidavits and there were inadmissable as his atty objected to them. I have a witness that I am going to bring that day however I have a friend who witnessed an event and she lives in FL and can not come that day so if she were to write an affidavit and have it notarized, what is the exact process in order to have it admissable in court??
#3 Is there any advice that you can give to have me prepare for the day of court with this protective order?
Thank you!
Written statements are eligible at a temporary hearing only and only if they are in a form of an affidavit and are notarized. Generally you need your witnesses present in court to testify. Since this is not an ex parte emergency (temporary) hearing, you will need the witness there. The affidavit is not likely to be admitted because the defendant has a constitutional right to confront his accusers through cross-examination.
I would strongly suggest you contact Legal Aid in the county in which you live. Please go to legalaidnc.org and call their intake hotline. The line is often busy, so just keep calling or wait. For domestic violence victim cases, you do not have to income-qualify for Legal Aid’s services. You should be able to get an attorney, provided they have the availability. Make sure that you let them know that the other side is represented by counsel, and that you are unable to afford private counsel. I hope this helps.