My ex served me a restraining. Order Based on lies.. . The judge isn't going to grant it so placed a continuation of 60 days to make sure and in that time she files the affidavit to get a new judge
You do not need to respond to the affidavit of prejudice as that is a matter of right assuming it is done under the appropriate code section, which I assume it was. You will be notified of the identity of the new joke by mail. If you don't hear anything by the time of your hearing, go to the hearing department that is on your paperwork and they will tell you where your case is being heard.
Responses to questions posted by Mr. Waller on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and the response to the question above is not legal advice and it does not create an attorney-client relationship. If you would like to obtain specific legal advice about this issue as it pertains to your particular situation you must contact an attorney who is licensed to practice law in your state.
Any party can challenge the Judge under 170.5 or 170.6. That doesn't mean it will be granted, but you don't have to file anything
One may usually "affidavit" a Judge without any reason if they have not made an "appearance" in front of such Jurist. The other party may exercise their right to affidavit the newly appointed Judge if they wish. Judge shopping may be risky, so exercise carefully.
if the judge did not hear evidence or make any ruling you could file a CCP 170.6 declaration. One question that must be answered first, is when did you find out who the judge is, if you wait too long it may not be granted.
there is no category listed for due process, and civil procedure, but domestic violence is not the right category
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline