Changing visitation order?

[mommyof4]

So, again, how many DV convictions does he actually have? 20? 1? What did he plea to exactly?

I'm confused. I obviously need to read the other thread. 20 separate CONVICTIONS in one year or were there 20 counts of 'verbal domestic violence' and he pled (convicted of)to one count?

An email threat ended up in a conviction for domestic violence?

Verbal Domestic Violence

Seriously - you need to be talking to your attorney. Nobody here has your case file and nobody can guesstimate the decision-making tendencies of local judges.

Seconded.


OP, a vague sense of something being 'off' with the judge and the opposing counsel isn't grounds to vacate an order.

I mean this in the most gentle way and am in no way attacking or ridiculing you:

Is it possible that your sense of something being 'off' has anything to do with your natural disappointment with the ruling and your (as yet) unidentified/undiagnosed medical condition?

 

[meinnocenthah]

I'm confused. I obviously need to read the other thread. 20 separate CONVICTIONS in one year or were there 20 counts of 'verbal domestic violence' and he pled (convicted of)to one count?



Verbal Domestic Violence



Seconded.


OP, a vague sense of something being 'off' with the judge and the opposing counsel isn't grounds to vacate an order.

I mean this in the most gentle way and am in no way attacking or ridiculing you:

Is it possible that your sense of something being 'off' has anything to do with your natural disappointment with the ruling and your (as yet) unidentified/undiagnosed medical condition?

I think i wrote wrong thats my mistake: its 1 conviction, 20 counts of verbal domestic abuse with children being witness to it which i think constitutes child abuse in some way...im not 100% sure of what they did.


My lawyer brought up the sense of something was "off" between the attorney of the other party and the judge... The judge in the case is typically a criminal judge, not a family law... my lawyer thinks the other attorney may know the judge and spoke to the judge outside of court before proceedings and had him assigned to the case by possible request.. My lawyer thinks the judge has no family law experience, or if at all...very little..

from my perspective...Ive been through a divorce before this...and this judge has never been a family law judge it was always two others i know of on the bench where i live.. the judge gave me the impression he has really minimal experience as a family law judge...he acted really strange, like he was in a rush to make a ruling and didnt want to hear the testimony, witnesses or cross examination from my lawyer. I wasnt allowed to call the witnesses i had, or show the witness statement i had from one who could not attend...i also had exhibits to present which i was not allowed to present.....the judge acted like he was aggrivated by the cross examiniation my lawyer presented against the petitioners witnesses... My lawyer brought up many valid and reasonable issues... while as the other partys attorney attacked me for having a new car (i got in a wreck with the car i had previously) attacked me for being employed part time, attacked me for breastfeeding like its a bad thing... he never really addressed the child one bit..

I think theres something that could be done regarding what happened...im not sure which route to take.. i think theres some legal error and possibly judicial misconduct...maybe the judge senses i have some mental issues (it was NEVER brought up, besides the fact my other child is autistic) and he thinks im just not credible due to them which would be totally wrong of him to make such a claim *he made the claim on record too about me not being credible*...i dont even know what i have and it wasnt addressed in court.

I want to speak with another attorney and get another perspective on it...but im not sure what kind of attorney i should consult.

 

[Ohiogal]

and i do not qualify for WIC, i make too much Money.

Then you make enough to buy formula quite frankly.

 

[The_Non-Mom]

No disrespect to the seniors, but isn't the DV stuff all a moot point now? The judge has ordered visitation. Wasn't the time to bring up the DV stuff BEFORE the judge made his ruling?

 

[meinnocenthah]

thats the problem with the judge, he wouldnt listen to my lawyer regarding the DV... he was getting pissed off, aggrevated and didnt want to hear anything my lawyer had to say...and on record called me "not credible" and in my perspective thats being prejudice against me since he did not listen to my case in the first place

 

[Ohiogal]

thats the problem with the judge, he wouldnt listen to my lawyer regarding the DV... he was getting pissed off, aggrevated and didnt want to hear anything my lawyer had to say...and on record called me "not credible" and in my perspective thats being prejudice against me since he did not listen to my case in the first place

Finding that you are not credible is NOT being prejudice. The judge has a right to find you not credible. The fact that you have mental issues can contribute to your lack of credibility. You have said nothing that leads me to believe that dad should NOT have overnights with HIS child.

 

[meinnocenthah]

my mental issues were never addressed in court. however it was brought up that my other child is autistic.

for the judge to automatically assume anything is being bias/prejudice against me. the judge is supposed to uphold the law and follow judicial standards of conduct... i was not allowed to enter any testimony or evidence in my case, the judge refused to accept it/look at it/hear it. all my lawyer was able to do was cross examine the other parties witnesses...i was not allowed to present any witnesses of my own...isnt that violating the law/my right to a fair trial?

 

[Ohiogal]

my mental issues were never addressed in court. however it was brought up that my other child is autistic.

for the judge to automatically assume anything is being bias/prejudice against me. the judge is supposed to uphold the law and follow judicial standards of conduct... i was not allowed to enter any testimony or evidence in my case, the judge refused to accept it/look at it/hear it. all my lawyer was able to do was cross examine the other parties witnesses...i was not allowed to present any witnesses of my own...isnt that violating the law/my right to a fair trial?

Did YOUR attorney file a pretrial statement and provide the other side with notice of ALL witnesses you were going to be calling?

 

[meinnocenthah]

No, and neither did the other party....

...they just brought their witnesses and i brought mine....

 

[Ohiogal]

No, and neither did the other party....

...they just brought their witnesses and i brought mine....

Well until you tell us everything we can't help you. You are leaving out something.

 

[meinnocenthah]

what do you want to know? whats happened...prior to the trial...all the hearings were just continuance ones..(i think there were two or three becuase i was trying to hire a lawyer and get everything in order for witnesses/evidence/exhibits)..One hearing was just for a restraining order (DV related to the conviction/plea bargin with the DA) that the judge threw out and issued a family law restraining order instead...which I would like to get dropped, i believe its unnecessary it makes it so i cant communicate with the father in regards to the child. I forgive the guy for the things hes done and i want whats best

No paperwork was filed in regards to witnesses or evidence...nothing from both sides..

At one of the continuation hearings, the judge just said to bring what you need to the trial in regards to witnesses, evidence..ect.
..he allowed the petitioner to submit exhibits and witnesses, but i was not allowed to...

Im now hearing from other people who have had this judge, hes done the same exact thing to them (even worse..)
can anything be seriously done to get him disqualified..?...if theres more then one case with similar issues with him wouldnt that be a factor in getting this judge in trouble for what hes doing to people and their children?

 

[Proserpina]

No disrespect to the seniors, but isn't the DV stuff all a moot point now? The judge has ordered visitation. Wasn't the time to bring up the DV stuff BEFORE the judge made his ruling?

Thus the questions

It could have made a rather large difference in whether or not OP actually has grounds to file an appeal or not.

 

[Ohiogal]

what do you want to know? whats happened...prior to the trial...all the hearings were just continuance ones..(i think there were two or three becuase i was trying to hire a lawyer and get everything in order for witnesses/evidence/exhibits)..One hearing was just for a restraining order (DV related to the conviction/plea bargin with the DA) that the judge threw out and issued a family law restraining order instead...which I would like to get dropped, i believe its unnecessary it makes it so i cant communicate with the father in regards to the child. I forgive the guy for the things hes done and i want whats best

No paperwork was filed in regards to witnesses or evidence...nothing from both sides..

At one of the continuation hearings, the judge just said to bring what you need to the trial in regards to witnesses, evidence..ect.
..he allowed the petitioner to submit exhibits and witnesses, but i was not allowed to...

Im now hearing from other people who have had this judge, hes done the same exact thing to them (even worse..)
can anything be seriously done to get him disqualified..?...if theres more then one case with similar issues with him wouldnt that be a factor in getting this judge in trouble for what hes doing to people and their children?

YOu are all over the place seriously. You say that he (daddy) is dangerous and should not have custody and then you state that you wanted a DV restraining order, were given a family law restraining order and now want it all dropped because it is unnecessary because you cannot communicate with dad. I get why you were found not credible. You are not really credible here. There is something you are missing. What were the findings taken directly from the hearing? Per the order why weren't you allowed to submit witnesses?

Oh and why did you start THIS THREAD?

 

[meinnocenthah]

Ive yet to see the actual findings and order after hearing so im not 100% sure of whats going on...im just going off of what happened in court.

the DV has been brought up, it was brought up by my lawyer and the judge told him to not bring it up.... I think that should be legal error and the judges wrong doing for not allowing the issue to be handled in proceedings..

I dont think the dad is dangerous, he just has a bad temper.

Im not sure why the judge did not allow my witnesses or anything...

I scheduled Mediation to change the orders, since my circumstances have changed (i now have a better M-F job) Weekends are my days off... and if the original orders stay in place i wont be able to see my child on my free time....

 

[Ohiogal]

Your story has changed...

What is the name of your state (only U.S. law)? CALIFORNIA

I had not known the judge we had assigned to the case was Bias, he basically had his mind made up to side with the father of the child in question without even hearing the evidence or testimony. The judge flat out told both lawyers his intent during the hearing proceedings yesterday *he took them into chambers*.

You don't know what the judge stated in chambers.

I did not get a fair trial at all....doesnt that alone violate my right?

So after the judge took them (your attorney and his) into chambers did you decide to agree?

Now, im about to lose my 4 month old daughter to her father whom she has never met or seen...my baby is my life and my world..I have mental problems and my baby is what keeps me going day to day...i dont want to get depressed, suicidal or anything... losing my baby is like taking my life from me

the fact that your baby is your life and what keeps you going is NOT healthy for the baby.

I want him in her life, but what the judge ruled is way out of line and not proper for the childs age or gender....

You are not qualified to make this decision.

The judge basically ruled that he gets to take the child three days a week (weekends..which is my only time i get to really spend time with her due to my work schedule also), and expect the child to just transistion fine.. Im breastfeeding, which i dont have the ability to pump...which means shes going to have to take formula while in his care which is not fair at all...thats a huge change for a little girl...shes also experiencing separation anxiety...

Formula is NOT an excuse for him not to have overnights. As for separation anxiety YOU are NOT qualified to diagnose your child.

I know i can appeal the ruling, but how to i also get the judge recused and get his rulings possibly thrown out? How do i get this all postponed at least? This is all supposed to happen starting friday *taking the child*...

Dad gets to take his child TODAY.

Also i believe there may be a conflict of interest since the judge is related to my extended family.

And unless you asked on the VERY FIRST HEARING DATE you waived that conflict.

How do i go about appealing/throwing out his rulings due to the bias? we were never aware of his actions/behaviors until yesterday post hearing, previous proceedings were mainly just continuances so a hearing could be set. My lawyer and i were amazed at how bias he was and what he did was way out of line and he definitely did not obey the laws regarding best interest of the child..

Again if it was done in chambers you have no clue what happened.