Can someone else represent me in court if I cant make it? 13 Answers as of August 04, 2011

My ex boyfriends filed a temporary restraining order. The hearing date is a date that I will be out of the state. Can I hire a lawyer to represent me?

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Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
Yes and in fact a lawyer is the only person who can legally appear on your behalf. As a defendant in a TRO, the law gives you one continuance as a matter of right. You should hire a lawyer to at least appear for you to get this continuance. I would recommend that you hire the lawyer to help you at the hearing as well. Unless you think you can learn the rules of evidence before the next hearing.
Answer Applies to: California
Replied: 8/4/2011
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
Yes, in most cases an attorney can appear on your behald without you being present.
Answer Applies to: California
Replied: 8/4/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes, but without you his position would be uncontested. If you hire the lawyer he can explain your options in further detail. .
Answer Applies to: California
Replied: 8/4/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Yes of course you can retain a lawyer to represent you if you cannot appear.
Answer Applies to: California
Replied: 8/3/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes you can hire an attorney to represent you. It is always better to have you there for this type of hearing but the good news is it is for the temporary order and not a permanent one.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes if you cannot make it for a TRO hearing you can hire an attorney to go in you place. He can continue the hearing to a date that you can make it.
    Answer Applies to: California
    Replied: 8/3/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    Absolutely, unless you are charged with a felony. For almost all misdemeanor charges a lawyer can appear in court w/o you for all proceedings.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Only a lawyer can appear on your behalf without your presence.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Yes, you can. If you don't show and there's no one there to represent you then you lose automatically by default and the restraining order will issue. However, some people choose this result intentionally if they don't care that the order issues. The order will be good for three years but, if you're not going to see him any more anyway, consider saving your money. Having an order against you isn't like having a criminal record, it's just a little embarrassing if anyone finds out.
    Answer Applies to: California
    Replied: 8/3/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Generally your attorney can appear for you in court, of course. However, with a RO hearing, if you wish to contest the order and do not appear personally, your defense requires you submit a thorough personal Declaration, plus any Exhibits [documents] and witnesses necessary to fully present all your evidence and testimony.
    Answer Applies to: California
    Replied: 8/3/2011
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