Most good legal stories start with a woman. The first case I ever had started with a woman. In the Bible, what happens to man? Woman. God asks Adam, “Who told you you were naked?” Eve. King David? Bathsheba. Sampson? Delilah. Do not go to an Evidentiary Hearing after a Temporary Injunction unprepared—bring legal representation.
In a Temporary Injunction, fifty percent of the time the affidavit against the defendant is lies. Say the right thing on an affidavit and hubby cannot come home, get his stuff, or even write—it does not matter if he is the homeowner or pays most or all of the rent. A Temporary Injunction takes the defendant out of the home fast and without warning. Hubby leaves only with what is on his back as far as personal belongings go.
The Evidentiary Hearing is like a mini-trial; both parties appear before a Judge and are subject to the complex details of the law, the rules of court, and the rules of evidence. You have the absolute right to represent yourself in court, but without legal training and experience, you can unnecessarily change the outcome of the Hearing, sometimes with disastrous results.
If you sleep on your rights…you lose them.
Bring an attorney regardless of which side you are on. The Judge will have better evidence to make a proper decision if you have counsel. Competent legal counsel can properly represent your case, and also reframe the situation so you can objectively evaluate your possible choices and the consequences of those choices. Furthermore, an attorney does not have to cost a lot.
I have great compassion for trial judges who have to make decisions in cases of domestic violence. They have to make tough decisions and err on the side of not getting somebody hurt (or worse).