what can a judge do if you havent gotten a lawyer

by Serena Abernathy 8 min read

How do you impress a judge?

Courtroom Behavior Behave in a calm, professional manner -- don't let your emotions get the best of you. When the judge speaks to you, look her in the eye and reply in a respectful tone. Stand up when addressing the court. Get to the point quickly when presenting your facts.

Why do prosecutors sometimes choose not to prosecute criminal cases?

No likelihood of success. Prosecutors may decline to press charges because they think it unlikely that a conviction will result. No matter what the prosecutor's personal feelings about the case, the prosecutor needs legally admissible evidence sufficient to prove the defendant's guilt beyond a reasonable doubt.

Can a judge dismiss a case?

When a judge dismisses a case against someone, he or she formally states that there is no need for a trial, usually because there is not enough evidence for the case to continue.

How can charges be dropped before court date?

There are ways to have charges against an accused or defendant dropped even before the trial date. The typical action is to file a motion to dismiss. The defendant's lawyer can invoke various reasons for a motion to dismiss.Feb 2, 2022

Do the conduct of judges and lawyers influence a divorce case?

The outcome of a divorce case is not limited to the conduct of the judges and lawyers but also their interaction beyond it. What happens between ju...

Do judges get away with misconduct?

Judges do get away with misconduct because lawyers usually do not confront them because they know that the fate of their practice and cases hinge o...

Do divorce lawyers mislead clients?

Some divorce lawyers do mislead their clients as they have them believe that their case will go to trial, and then trick them into a settlement later.

Why do judges not force fathers to pay child support?

Family court judges have the power to send fathers to jail for not paying child support. Numerous judgments bear testimony to the fact that judges...

Why do judges not report each other?

1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side.

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

What is child support order?

1. An order for child support is nothing but a promise on a piece of paper. Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order don’t expect much help for your local Family Court Judge. 2.

What is an injunction in a court order?

An injunction is a court order (meaning it's issued by a judge), which forces someone to stop doing something (stop taking money out of the community accounts), or start doing something (bring the kids back on time after your visitation).

What is an injunction for a spouse?

There are certain legal tools available to help prevent a distressed or vindictive spouse from doing something harmful: An injunction is one of them, and it can play a crucial role in protecting your interests .

How to get a TRO?

As mentioned in the introduction, a vindictive spouse can do some pretty terrible things, which can be emotionally and financially harmful. So you might ask a judge to issue a TRO to prevent a spouse from: 1 packing up the children and moving them out of state 2 canceling a health insurance or auto policy 3 taking out a loan that uses marital assets as collateral 4 cleaning out and closing bank accounts or retirement accounts, and 5 removing you as the beneficiary on a life insurance policy.

What is a temporary restraining order?

By far, the most common injunction sought in a divorce case (other than in domestic violence incidents) is a temporary restraining order (TRO). Attorneys typically ask for TROs at the beginning of divorce cases, frequently at the same time they file their clients' divorce petitions.

Is it bad to end a marriage?

It's an unfortunate fact of life, but ending a marriage can sometimes be nasty business. No doubt you 've heard stories about someone who's been through a bitter divorce. Often, raw emotion can lead people to do things you may never have thought they were capable of. There are certain legal tools available to help prevent a distressed ...

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

How long can a protective order be vacated in Utah?

The relevant portion of the Cohabitant Abuse Act provides as follows: (10) A court may modify or vacate an order of protection or any provisions in the order after notice and hearing, except that the criminal provisions of a protective order may not be vacated within two years of issuance unless the petitioner: (a) is personally served with notice of the hearing as provided in Rules 4 and 5, Utah Rules of Civil Procedure, and the petitioner personally appears before the court and gives specific consent to the vacation of the criminal provisions of the protective order; or (b) submits a verified affidavit, stating agreement to the vacation of the criminal provisions of the protective order. (11) A protective order may be modified without a showing of substantial and material change in circumstances. Utah Code Ann. 78B-7-106 It sounds like the case is in a justice court. So probably, if it can't be done informally, one of you will have to make a motion to vacate the order and request a hearing. If you are both present at the hearing and request that it be vacated, it is likely, depending on the accuracy of the facts set forth, that the order will be dismissed.

Can you file a motion without the court?

If you file a formal motion, the Court will have to hear the matter. Short of that, without the Court, there is no way to do this.

Can a judge speed things up?

There is no way to require a judge to "speed things up". A person may file a formal motion to dissolved however you stated the judge already has papers to review and simply has not had time to review the request. You should insure you are not violating the order while the judge makes a decision regarding your request.

Can a no contact order be dismissed?

If it is a no contact order as a condition of bond, pending further hearing on a criminal charge, only the court can dismiss such an order. You can request that it be dismissed, or at least modified to allow contact of a non-assualtive nature. Report Abuse. Report Abuse.

Can a temporary restraining order be entered without a victim?

Temporary Restraining Orders are generally not entered without the victim requesting one, so I would question whether a TRO actually was entered. Did either of you receive paperwork from the Court? Your boyfriend would have had to have been personally handed a copy of the Order. Otherwise, he would certainly have a notice defense if there is ever a contempt charge for violating the Order. This doesn't sound like a NJ matter. Perhaps this occurred in PA? They handle their PFA's differently (Protection From Abuse).

Can you drop a no contact order?

You asked for the no contact order and you can ask the judge to drop it. You cannot drop the charges, but as long as the judge believes that you are not being forced or coerced into dropping the No Contact order, he/she should drop it.

What to do if you can't afford child support?

If you and your child's other parent can't agree, you'll have to ask a Judge or local agency to set the amount. You can hire an experienced attorney in your area to file a request for a child support order. If you can't afford an attorney, don't give up hope.

What is contempt of court?

Contempt of Court – this is a legal order that may result in a fine or jail time for the parent who failed to make court-ordered support payments. However, the custodial parent (or his or her attorney) must go to court to obtain this order from a judge.

How long is child support in jail?

For a second offense, or where child support hasn't been paid for more than 2 years, or the amount owing is more than $10,000, the punishment is a fine of up to $250,000 or 2 years in prison, or both.

Who can intervene in child support cases?

The U.S. Office of the Inspector General (OIG) can intervene in child-support cases where the non-custodial (paying) parent lives in a state other than where the child lives, and: where the non-custodial parent travels to another state or country to avoid paying child support.

Do divorced parents have to pay child support?

In all 50 states and the District of Columbia, parents that are divorced (or separated if they were never married) have an ongoing legal obligation to support their children. Sadly, too many kids grow up without the financial support they need when parents fail to pay court-ordered child support. Now more than ever, it's becoming harder ...

Can a child support order be enforced?

If not, custodial parents may ask an attorney or their local Office of Child Support Services (OCSS) (also called the Department of Child Support Services (DCSS) in some states) for help. A delinquent parent may be subject to any, or all, of the following enforcement tools:

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