If a judge threatens to file harassment against someone is that enough to get him/her to recuse themselves or a change of venue?

Asked about 1 year ago - Hillsborough, NJ

After 3 order to show causes were filed for temporary custody of a child with exhibits were filed and denied by the same superior court judge within a 2 month period. This judge on the last order to show cause advised that no further order to show causes could be filed with out permission of the court or the court may charge the plaintiff with harassment. The case law sighted in support was Amore and amore. That case law is much different then the circumstances in this situation. the only similar fact is that there were several order to show causes filed. This Judge has never heard any litigation, any motions, any hearings and only knows from the order to show causes. it is a superior court judge, there is a long history in that court house between the party's and a FRO. Is this grounds?

Attorney answers (4)

  1. Raymond Andrew Grimes

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    Contributor Level 18

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    Answered . Probably not.

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship.... more
  2. Geraldene Sherr Duswalt

    Pro

    Contributor Level 8

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    Answered . You are generally stuck with the Judge that is assigned to the case unless the Judge moves to a different part, which sometimes happens in Family Court. If you filed three Order to Show Cause applications within two months I am assuming that there is something going on that needs to be addressed and I agree that before you return to court again you need to hire an attorney. There are instances where a Judge will order that a party needs to seek leave of court to file further motions, and the harassment would not be towards the Judge, but rather towards the other party. If you cannot afford counsel then at the very lease take your papers to a lawyer for a consultation so you can see why you are meeting wtih this judicial resistance.

    Disclaimer: The information you obtain at this answer is not, nor is it intended to be, legal advice. You should... more
  3. Alan James Brinkmeier

    Contributor Level 20

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    Answered . In my opinion this is insufficient cause so that the judge must recuse himself. I suggest you hire counsel. It sounds like you are getting outlawyered or simply do not understand the proper manners and procedure in court.

  4. Samuel Cohen

    Contributor Level 20

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    Answered . Judges enter these kinds of orders frequently. Your daughter would be wise to retain counsel. This is a very slippery slope.

    We can be reached at 215-545-2201. Our firm has lawyers licensed to practice in Pennsylvania and New Jersey and in... more

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