You should contact the court or the person who summoned you to the hearing as soon as possible if you think you have a valid excuse for not showing up. You may be asked to make a valid apology. If you do not attend the hearing and have not notified the court, you may be ordered to pay a fixed penalty. You may also be arrested by the police and possibly taken into custody until you can be questioned in court. Sometimes a child is removed from a home with the permission of their parents or guardians. Unless the parent or guardian has signed a document authorizing the removal, the party is entitled to a hearing on the removal of the child from the home. These petitions follow the same steps as described above, including a first appearance, a fact-finding hearing and an injunction hearing. If a child has been removed from their parents` home due to some serious problems, the Department of Social Services may decide that the problems cannot be resolved within a reasonable time, usually 12 months after the child has been removed. In this case, the Ministry may file a permanent negligence petition to ask the court to terminate the parents` parental rights and release the child for adoption. If you want to appeal, tell your lawyer, who can tell the court that you want to appeal your case.

A new lawyer may be hired to handle your case if you can`t afford one. You should discuss with your lawyer whether or not to contest the case. A notice of appeal must be filed within thirty (30) days of serving the judge`s decision in your case on all parties or their lawyers. If the notice of appeal is not filed within thirty (30) days, you lose your right of appeal. Application forms are available from the family court registry. The application is an affidavit that reflects the facts of the case that the family court must decide. If you are not represented by a lawyer, you must complete the application yourself. In the case of juvenile delinquency, the district attorney prepares the application. If possible, you should consult a lawyer before filing an application. The application must be made to the family court clerk. The court clerk ensures that the application is properly registered (submitted) and sets a date for the first hearing of the case. Custody of a child means that a person is legally responsible for caring for the child.

Access is sometimes granted by the court to persons who no longer have custody of their child but who have permission from the court to see the child at certain times. Appeal to a higher court to modify the decision of a court of first instance. As a general rule, appeals are brought and decided only on points of law. Public defenders appointed by the court to represent a party who is entitled to a lawyer but cannot afford one. Judge The judge of the court holds hearings to provide for children and spouses and initiates proceedings in uncontested paternity cases. Controversial paternity cases are heard by the family court judge. At the first trial – the first appearance – the judge will briefly consider the request and explain the charges or requests for exoneration. The judge will also explain what the rights of the parties involved in the cases are, unless the parties are represented by lawyers. In some cases, the judge will hire a lawyer for someone who cannot afford one (see below, « Who Can Get a Lawyer ») and may issue a subpoena for the other person.

In certain special circumstances involving serious charges, the judge may order an arrest warrant. A child may also be removed from the home prior to the filing of an application. This can happen if a child is in a situation that poses a threat to their life or health. If a child is removed from the home before a request is made, the parent must be notified immediately. The Department of Social Services must then immediately file an application with the Family Court. The child`s parents or guardians can request an expedited hearing, called a return hearing, to decide whether or not to send the child home. You must appear in court on the date and time set each time. If you are the applicant (you have filed an application) and you do not appear as ordered, the judge may dismiss your application without further hearing. If you are the respondent (an application has been filed against you) and you do not appear as ordered, the judge can accept your delay and grant the application without a further hearing. Sometimes the court can arrest people if they do not appear in court, if they are informed. Probation Officer The probation officer works for the county probation service. Generally, no probation officer is present in family court unless the judge requests the presence of the probation officer.

Sometimes the judge orders the probation service to collect information about the people involved in a case and report back to the court. As a general rule, all witnesses must be present at the trial or trial. Court Officer The judicial officer is a deputy sheriff without uniform who is responsible for order and security in the courtroom. One of the most important steps you can take as you prepare to go to court is to prepare your « evidence. » Evidence is information that a party can present to the court to prove their case. Applications for release Application for an injunction submitted by a lawyer to the court in order to improve the living conditions of his clients. In most cases, children are entitled to legal aid in the family court. The judge will appoint a lawyer who will be called the child`s guardian. The help of a legal guardian is free of charge. Legal guardians may be lawyers working for the Office of the Law Guardian or lawyers in private practice appointed by the court.

Suspended judgment One of the possible final orders made by a court. After one year, the appeal is dismissed if certain conditions are met. The guilty verdict is « suspended » and is never established. Work with your lawyer so that your case can be presented to the judge in the best possible way. When you speak to your lawyer for the first time, provide your address and phone number and get your lawyer`s name, address and phone number. Set a date when you must meet to discuss your case before the next hearing date. Jurisdiction The establishment of a special court for cases involving certain categories of persons or allegations. Jurisdiction may also depend on geographical factors such as a person`s district of residence. At the hearing of the facts, the judge hears all the important facts (evidence) and determines what has been proved. If the facts are not proven, the appeal is dismissed.

The case is closed. Sometimes the case is withdrawn, which means that the person or organization who wanted to hear the case in family court decides not to continue. The procedure in family court may consist of one or two stages. Custody, visitation, paternity or alimony cases are decided in one step – the factual hearing. Cases of family offences, persons in need of supervision (PIN), juvenile delinquency (JD), abuse, neglect or permanent neglect are decided in two stages – first the hearing of the facts takes place, in the second stage the decision hearing. There is no jury in family court; The judge presides over all hearings. In most family court proceedings, the parties have the right to a lawyer. You are free to hire a lawyer of your choice. In your particular case, if this is a case where you are entitled to a lawyer, but you cannot afford to pay for your own lawyer, the court will usually appoint a lawyer to represent you. Cornell Legal Aid and some neighborhood legal advisory groups may also be able to provide free legal aid to individuals whose income is below a certain level.

Most court records are public information, and you can view a court record by visiting the clerk of the county court where the case took place and requesting the record. However, some court records are confidential, such as juvenile trials, involuntary hospitalizations, and cases sealed by a judge. You can view the results of criminal cases in North Carolina at the public terminals located in each clerk, or you can ask a clerk to help you find records. For more information, see the court records help topic. Your lawyer, whether privately hired or appointed by the court, is there to protect your rights. CONTACT YOUR LAWYER. Being busy or having classes, business meetings, etc. are not valid excuses for not showing up for a court hearing for which you have been subpoenaed. However, a trip abroad booked prior to receipt of the subpoena is generally considered a valid excuse for not showing up. If the facts are proven in cases of detention, visitation, paternity or maintenance, the judge also decides on the remedy granted in connection with the establishment of the facts. If a judge decides that the things said in the motion are true (proven) and there is an appeal, an injunction hearing will be held.

The injunction hearing begins immediately after the end of the hearing or is scheduled for another day. At the injunction hearing, the judge decides what to do with the allegations proven at the factual hearing.