Legal Question in Family Law in California
I have two children with two different fathers. My oldest is from my ex-husband that I have a long ugly custody battle history with but recently settled with me having custody. My youngest is with a boyfriend that I just eneded a relationship with because of suspected drug use. When I went to court to appear for the restraining order/custody hearing my ex-husband's attorney was there representing another client. I was very uncomfortable speaking knowing he was listening but assumed there was a code of confidentiality and that I was safe. Apparently not. the attorney told my ex-husband I was there and now he is questioning me on the details of the break-up. He has a history of every 2 or three years of fighting for joint custody and then giving her up because whoever his girlfriend is at the time leaves. I am scared now that he can use this information as ammunition if we ever go to court again. What if the attorney is there again at my next hearing. I am doing the right thing to protect myself and my children, as well as get my most recent ex some help, but now it could count against me. How am I supposed to protect myself from this one if the other one will use it against me? Is the attorney allowed to disclose information to my ex-husband when it is a case that does not involve his client? Can I ask the judge to make him leave the courtroom if he is there again?
1 Answer from Attorneys
Court rooms are public hearings and are open to the public at large. There is no such thing as a confidential court room. All evidence presented in a court hearing can be used at a later hearing if the subject is pertinent to the case. In your case the information at the DV hearing will be pertinent to the custody issues. You should contact an attorney in your area to get additional information on how best to protect yourself from a custody battle. Additionally there are resources in your local court house for self help individuals.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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