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I want the false allegations made against me to be litigated in Civil or Criminal Court. Can i move to transfer these matter

Santa Barbara, CA |

The Family Law Judge in my case has a reputation of siding against selt-represented litigants, and entertains false allegation, regardless of the Law from other side.. He will fight recusal and litigate in in a hardball, uncivil manner. So many issues in Family Court are based on fabricated evidence or hear-say.
How do I get my due process right. They don't exist in family court.

Attorney Answers 4

  1. You don't get to decide that your case belongs in a different part of the court system. You also don't ever get to decide that a matter will be heard in criminal court; only the DA or City Attorney get to decide that. If you believe you have a SEPARATE civil claim, you can file itinerary civil court.

  2. Based on your post, I get the impression that you do not have a lawyer. If you originally decided to represent yourself, but now you feel like you are at an unfair disadvantage in this court (for whatever reason), it is probably time to consider hiring an attorney.

  3. No, you cannot transfer the matter.
    As for a separate civil action against your judge, that will likely fail from the outset. Judges have pretty strong immunity. If you believe your judge is acting improperly, maybe your first step should be to consult with a local family law attorney. Most attorneys will give you a half hour consultation.

  4. You get your due process rights in family court by having a competent attorney advocating for you. Representing yourself has many perils including difficulty in dealing with an aggressive, Type-A judge such as you describe here. You cannot bring an action in criminal court, only a duly appointed government prosecutor can do so.