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Aside from Judicial Complaints , How can I charge a Judge with uttering threats?

Bronx, NY |

What recourse do I have when a Judge threatens saying : "I will Not Allow you see your Children For The Rest Of Your Life".

Can I press charges against him? I'm not concerned about winning or losing the case that is in front of him, It was lost long ago.

Attorney Answers 3


I am not surprised a judge said this. They are severely overloaded with cases in areas of the law they have little experience in. They face shrinking budgets and the threat they will be moved to lesser positions within their organization. Hired help is dwindling and lawyers demand action. Pay raises are miniscule. I can cry in your beer all day long.

Nonetheless, they have ethical obligations to the public and this judge clearly violated his. He cannot make such statements. He has to know the law and maintain competence in the law. He knows he has no jurisdiction over children once the become adults. Then, he knows that visitation is as much a right of the child as it is a right of the parent. And, he knows that cutting off visitation only because the judge got peeved and allowed his own thinking to substitute for your judgment as regards your child.

He has to maintain dignity and decorum and he has to allow you to be heard according to law. I cannot imagine anything a litigant can say that would cause a judge to make such a statement. That's amazing.

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I don't think you have any options other than a grievance. It's not criminal and judges are immune from civil law suits (I'm not saying you have a civil claim).

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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No, that isn't a criminal offense. You would need to file a judicial complaint.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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