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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102167
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can i get a new judge. My fiance's ex-wife broke my window

Customer Question

Can i get a new judge. My fiance's ex-wife broke my window and was found quilty of intentionl damage. the ex-wife appealed. the judge is the same judge in the divorce case in which the child support and distrubution of property is at the appeals court. I the fiance has been pointed out in the court room as the dirty girlfriend and my name has been thrown all over the court room. The exwife fought for my two cars (she did not get them). one hearing i was the witness and the judge told me to sit down "you are not a witness to nothing" and the judge did not allow my testimony in court on my friends behalf. I did not get engaged until after the divorce prior we was just friends.
Can there be a different judge to view the appeal by the deffendant.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. First of all, if there is an appeal to the COURT OF APPEALS, there will be a new Judge/panel of Judges automatically.

If you mean you are filing ​in the same court for reconsideration, or motion to set aside decree, etc, then the same Judge will preside unless one can successfully have them recused.

One does not get to pick Judges. The only way to get another Judge is to file a Motion to Recuse and request that the Judge step down because they are biased. For an example of such a motion, see HERE.

One would have to show that the Judge is biased, and this does not only mean simply ruling against you. The motion may be appealed if denied.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith by rating me positively.

Customer: replied 1 year ago.
Thanks for your response. It is extremely helpful. However, I will make my question much clearer. Yes, I understand that when a new (different) will be given in an appeal. Appeals are to the next higher...I am the pettitioner (victum) in this case. My fiance (Chris) is my witness along with three others to the ex-wife breaking my window. My fiance is the defendants ex husband. Next my fiance is the defendant in the divorce case with his ex wife (Mary). The judge that served over Chris and Mary divorce case is the new judge in Mary's appeal for breaking my window. Mary was obviously found guilty and has to pay restitution. I now have a two year protective order against her. Mary appealled the protective order but did not show up for the appeal. The Judge serving over the divorce for Chris and Mary has put Chris in jail for failure to pay child support. Chris is on SSI...and should be paying minumal if that. I went to court with Chris on several occassion to take notes because he is on heavy pain medication. During the hearing Mary has pointed me out in full discription as she was questioned to do so by her attorney. Mary ask the judge to grant her my two vehicles (judge said no the vehicle dont belong to Chris). I was supposed to be a witness for Chris after swearing me in the Judge told me to sit down "you have nothing to testify against in this court room". Last in another hearing the judge to me i had no business blocking Mary from my phone. The Judge was extremely up-set with me. I did not understand none of this because I was not a part of the divorce. I was not even dating Chris at the time. We were just friends. So, If the appeals judge for the breaking of my window is their divorce judge can I get another (different) Judge? This women is crazy two days ago she moved around the corner from me. Mary moved from Hampton to Newport News It look like the protective order would take her away from me not as close as around the corner. I know Mary is free to go where she want. But now she has a reason to be in the area where I live.Thanks your are extremely helpful
Customer: replied 1 year ago.
What if a judge remanded ALL child support issues in a case to Hampton JDR (June 10, 2014) and at the same time still ruling over the case in circuit court in Newport News(where the order originated) on Jan 21,2015; April 21,2015; and in the future Oct 21,2015. Is this a juridiction conflict of interest. Is this illegal. The judge in Hampton JDR court is unhappy about the juridiction issue and calls it illegal. Do Chris have to show up in court in Newport News on Oct 21. 2015. The judge put him in jail on April 21. 2015. I purged him out. Is this an illegal charge.
Expert:  Ely replied 1 year ago.

My apologies for the wait, as I was not online when you had originally replied.

So, If the appeals judge for the breaking of my window is their divorce judge can I get another (different) Judge?

Not unless you can show that the Judge is biased. It is not unusual for Judges to see one party in more than one case. So this in itself does not qualify, I am afraid.

Yes, Chris has to show up in Court. Even if the Judges disagree, the Court that currently claims jurisdiction (Newport) may hold him in contempt for not showing up. Until the jurisdictional issue is clarified, he has to follow all court orders.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 1 year ago.
Is this in addition to the $36. I have to see if I can fit it into my budget I am sure you understand.
Expert:  Ely replied 1 year ago.

Is what in addition to the $36? You mean a chat? If so, I believe it is, however, the site allows the expert to opt out of the call request, and I must respectfully ***** ***** not worry - if you request this, other experts will receive the request as well, and they may agree to the call. They will also have your question(s) and my answer(s) to build upon, so nothing will be lost.

Meanwhile, know that you have not yet rated my answer positively. Doing so does not cost you more but not doing so means I do not get credit for my time with you. Please do rate positively. Thanks!

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