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

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?

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Attorney answers 4

Posted

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.

Asker

Posted

There was no disdrespect to this Judge. The O.T.C. was strictly on facts about my daughter and her mothers treatment, recent arrest interfering with court orders etc. The case law Amore amore deals with harassment due to education and limited finances showing possible harassment for continued filings. The roles are completely reversed. Im forced Pro se, while my advocate makes 90k per year and receives benefits from SS due to my disability. I think this judge was given false information by the court staff who is aquantences of my advocate after 7 TRO's she filed against me in a 6 year period. All were heard before a different judge and I fortunately was able to prove them fictitious. Had this Judge simply denied it for specific reasons would be one thing, but he sighted and warned of harassment against the court for completely wrong reasons. This is now a problem. especially with the frequency that charges are filed against me and most importantly the things that are happening to my daughter.

Posted

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

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Asker

Posted

that's the problem, my daughter is only 7 and now appears to have a brain injury , (this will be confirmed or hopefully showed to be clear by a child neurologist in a few weeks). She was in a car accident with her mother again last may.....I spoke about this in other questions I've posted in the past .... Regardless I'm praying it is psychological or somehow curable, her mother simply denies everything that would possibly make her at fault, whether sworn in or to dr's or police or even my daughter. Slippery slope is a very good description. Having to represent myself the past years I know why now lawyers get 300+ per hour. Its a difficult and timely position with Knowledge of the laws and legal resources being one of your most important tools (I believe anyway).

Samuel Cohen

Samuel Cohen

Posted

I am very sorry to hear of your situation and your daughter's even more. Has anyone investigated the car accident? You say again. Were there previous accidents?

Asker

Posted

The police did a report, gave a ticket for carless driving, no charge for no child car seat, no charge for no seat belt, no charge for using a cell phone and m ost importantly didn't even ask about drinking, because she was. so let her go for that. This is the 3rd car accident in this town (2nd for sure) which the other one no ticket was given at all dispite her fault on a public road. This last accident the police wouldn't even call an ems to check out my daughter despite visible injury's and her crying. The mother of my daughter has had relations with this police department, and I have been falsely arrested by them numerous times as a result of it. Again more importantly my daughter Kept getting hurt (I was arrested for reporting it)

Posted

Probably not.

Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

Asker

Posted

you are most likely correct, but I guess im committed to trying now anyway. I got one adjournment but really need another. Should I just submit my motion incompleteed? Show up to court and explain I need more time? I have valid reasons... But was alreaty granted more time for this motion once alreaty.-S.M.

Posted

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 consult an attorney for individual advice regarding your own situation. Review of this answer does not in any way constitute legal representation,

Asker

Posted

from the reasons this judge did list , make it seem as if someone removed some of my exhibits before the motion went before him to decide.. when he sighted "amore amore" the only fact in that case trhat is at all similar is the man file order to show causes. in that case he had money and his x did not, constituting harassment. this order was written as the court would file " harassment against me" not the other party would.

Geraldene Sherr Duswalt

Geraldene Sherr Duswalt

Posted

The legal system can be confusing and not always fair. It is hard when a person tries to get certain results with out a lawyer. Before you do anything else you should have a lawyer look at all of your papers

Asker

Posted

I couldn't agree more regarding the "fair" part. ive had lawyers who while representing me tell me "you get no justice". Which is the truth after I was assaulted after exiting superior court modifying a fro the 3rd time. no charges were given to the person truly responsible.

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