Legal Question in Civil Litigation in California
This was a civil restraining order hearing held in Marin County, CA. Where a temporary was granted and then after hearing the original temporary was extended and a entirely new one issued by the judge to myself without any evidence being presented outside of the other parties (FALSE) testimony.
Can I file an appeal to a hearing because there was no court order AND the judge disallowed use of my own personal electronic recording device (asked to use before court and denied)? What form of checks and balances are there when no record is available of what occurred during the hearing? Lot's of mistakes seems to have been made in this case.
Secondarily could I have requested a continuance of the hearing with a different judge... one whom would allow an electronic recording device and/or where a court reporter would be available?
2 Answers from Attorneys
Recording in the courtroom is not a right
From the California Courts
Personal recording devices
The judge may permit inconspicuous personal recording devices to be used by persons in a courtroom to make sound recordings as personal notes of the proceedings. A person proposing to use a recording device must obtain advance permission from the judge. The recordings must not be used for any purpose other than as personal notes.
Asking for a differeint judge just because they wont allow a recording would not go very far at all.
You said there was a hearing. It sounds like temp order was extended, there should be a hearing for the final order... Tis sounds like you need an attorney to help sort this out
I actually don't understand your post, other than what Mr. Green addresssed. A temporary order is usually issued on an ex parte basis, and as denoted, is temporary. That order lasts until the court holds a full evidentiary hearing, at which time the TRO dissolves and either an actual injunction is made, or is denied. Did the court issue an order after hearing or not?
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