I live in the state of Texas and I am fighting in the courts to suspend visitations of the father of my 2 and 3 year old daughters for sexually molesting them. I have already appealed the first judge's decision (evidence and witnesses were not admitted due to time constraints) and now I want to know if I could appeal a temporary order prior to the final hearing with this new judge. My daughters’ professional counselor testified under oath that she does not recommend any visitations as it would cause trauma and they will regress. The judge ignored her testimony and ordered a supervised visitation for 1 hour to see my daughters’ reactions to their father. This is going to cause trauma to my daughters. Can I sue this judge and can I appeal while on an appeal?
It has been 10 months since they have seen their father and the judge stated that she wants to reunite them through counseling.
Criminal Defense Attorney
No, you cannot. Not for decisions he or she makes as a judge ruling on issues related to your case pending before the court. In short, judges have immunity, except, in some instances, judges in the probate courts. But, think of if from a practical standpoint; if individuals sued judges for all decisions they didn't like, nothing would ever get done.
Ask your lawyer to appeal.
Divorce / Separation Lawyer
Suing the judge is not the answer.
If the decision was rendered by an associate judge, you can appeal within 30 days to the elected judge. But the elected judges have a track record of affirming the associate judges. The Texas Family Code essentially orders judges to try to hold families together. The courts are required to render orders that pose the least possible restrictions on a parent. You may not like this and, in your case, you probably shouldn't like it. But a one-hour, supervised visit is about as restrictive as you can get.
Not only should you appeal if you are unhappy with the decision. If you are unhappy with the law, as you have every right to be, you should go to Austin and sit with your legislative contingent and explain how this is affecting your family and your child.