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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6422
Experience:  20 years of professional experience
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What is a hearing on the order of protection....and how can

Customer Question

what is a hearing on the order of protection....and how can I report this conflict of interest
Submitted: 1 year ago.
Category: Family Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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*Can you please give us more background information so we can better assist you? What conflict of interest are you referring to?

*What have you tried on this front so far?

Customer: replied 1 year ago. was a different lawyer I was chatting with. My ex-boyfriend put a restraining order on me when I found out he was cheating on me...because I slapped him...the judge in the court case, I found out, had been his lawyer in his divorce a few years back. And my boyfriend had even taken his son on a european vacation with him. Isn't the conflict of interest? The last person asked if I asked for a hearing on the order of protection....what does that mean??
Expert:  Maverick replied 1 year ago.

1. Since you did not likely have a chance to go to a hearing BEFORE the court issued the order of protection, the court should have notified you of a hearing date that should be coming up within less than a month after the order was signed so that you can tell the judge your side of the story and the judge can either cancel the order or decide to continue it for a longer term after the hearing depending on what he believes is true. If you did not receive any such notice, then contact the court clerk and find out why.

more to come...

Expert:  Maverick replied 1 year ago.

On the conflict issue look at the law at this link that starts with a section that looks like this:

(4) Except as provided in sub. (6) for waiver, a judge shall recuse himself or herself in a proceeding when the facts and circumstances the judge knows or reasonably should know establish one of the following or when reasonable, well-informed persons knowledgeable about judicial ethics standards and the justice system and aware of the facts and circumstances the judge knows or reasonably should know would reasonably question the judge's ability to be impartial:

Under that section you will find subsections (a) - (f) explaining the grounds for recusing a judge. Subsection(a) reads as follows:

The judge has a personal bias or prejudice concerning a party or a party's lawyer or personal knowledge of disputed evidentiary facts concerning the proceeding.

Comment: As a general matter, for recusal to be required under this provision, the personal bias or prejudice for or against a party or the personal knowledge of disputed facts must come from an extrajudicial source. A bias or prejudice requiring recusal most often arises from a prior personal relationship but may arise from strong personal feelings about the alleged conduct of a party. If a judge's personal bias or prejudice concerning a party's lawyer is of such a degree as to be likely to transfer to the party, the judge's recusal is required under this provision.

So, you may want to file a motion to recuse the judge on this or any other ground you find applicable.