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Judge A. hears case on modifying visitation due to child…

Hi Judge A. hears...

Hi Judge A. hears case on modifying visitation due to child abuse sets aside gives petitioner time to seek lawyer. Petitioner Lawyer is found. P Lawyer writes up restraining order takes to Judge A who refuses to sign and recuses himself due to relationship with a family member. P Lawyer seeks Judge B who signs restraining order. Respondent Lawyer is angry. Respondent Lawyer speaks to Judge B with Petitioner Lawyer. Restraing order is modified. Judge B then also recuses himself of case due to relationship with same family member. Family member worked in court system. Now Judge A who recused himself of case to begin with and wouldn't sign the original restraining order has signed off on new order putting restraining order aside. Is that legal?

Lawyer's Assistant: What steps have been taken? Have any papers been filed in family court?

I have the paper work yes.

Lawyer's Assistant: Family law varies by state. What state are you in?

TN

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Answered in 1 day by:
3/18/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,287
Experience: B.A.; M.B.A.; J.D.
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Hi Judge A. hears case on modifying visitation due to child abuse sets aside gives petitioner time to seek lawyer. Petitioner Lawyer is found. P Lawyer writes up restraining order takes to Judge A who refuses to sign and recuses himself due to relationship with a family member. P Lawyer seeks Judge B who signs restraining order. Respondent Lawyer is angry. Respondent Lawyer speaks to Judge B with Petitioner Lawyer. Restraing order is modified. Judge B then also recuses himself of case due to relationship with same family member. Family member worked in court system. Now Judge A who recused himself of case to begin with and wouldn't sign the original restraining order has signed off on new order putting restraining order aside. Is that legal?

Response: No it is not legal because the conflict that caused Judge A to recuse himself/herself from the case is still there. Judge A cannot then turn around and sign a new Order vacating the previous Restraining Order that he declined to issue. Judge A still needs to recuse himself from acting on the Restraining Order.

The aggrieved party may file complaint for judicial misconduct against Judge A for his action in the case. Click here for the complaint process.

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A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,287
Experience: B.A.; M.B.A.; J.D.
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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 21,287
21,287 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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