The judge made a statement I felt was bias. Such as how do you know he wont molest your new friend again? Isnt this bias?

Asked over 1 year ago - Spanaway, WA

I was in court with my friend and her husband trying to get a restraining order removed. The pros atty kept bashing my friends husband with proofless statements. My friend asked the pros atty to stop and asked the judge to make the pros atty stop as she loved her husband a lot and wanted him home. The judge looked at her and said, if he molested your other friend how do you know he wont molest your new friend? My friend stood there and said, this is my life, I live it and the pros atty and you should have no say so. SO remove this restraining order or Im going to sue you for harassment. The judge looked at her and said, the pros atty is trying to protect you ..... and she sounded like a cackling hen cackling away. Eventually the order was removed. Was the Judge wrong in a bias statment?

Attorney answers (3)

  1. William Emil Cassara

    Pro

    Contributor Level 18

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    Answered . I wasn't there, but based on the facts provided, this sounded tame compared to what I have seen other judges say in such cases.

    This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney... more
  2. Angel Marie Base

    Contributor Level 9

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    Answered . No, that is not bias. Our court system is very bogged down with the same people coming back with the same types of problems. Every time the police get called and every time the same people are back in court with the same issues, it costs money. One way to try to stop wasting a lot of court time (and taxpayer money) on the same issues with the same people is to issue a restraining order (or a no contact order) to simply keep those people away from each other. Without education (classes) for better communication, and without counseling for relationship issues, and without classes/counseling for better coping skills, the problems often do repeat themselves. The judge was simply speaking to that issue.

  3. James Joseph Bagley

    Contributor Level 12

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    Answered . No. The judge and the prosecutor are acting based on years of experience seeing cases like yours. They may not be right in your case but are trying to act in your best interest.

    Avvo answers are not substitutes for the educated opinion of a lawyer who knows the facts of your particular case... more

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