Monday, March 13, 2006

due process - post-hearing addition to order

In re D.G. - Superior Court - March 10, 2006

Appellant/father's due process rights were violated when the court in a dependency case added a provision to its order, ex parte, after the hearing, without giving father notice or an opportunity to be heard on the issue. The addition was a no-contact order concerning one of the witnesses.

An ex parte injunction can issue on where it is evident from the record that there would be immediate and irreparable injury if the injunction were delayed until notice could be given and a hearing held. There was no such showing in this case, nor was the post-hearing discussion transcribed.