New Hearing Judge Bias

Summary

If you believe a judge in California showed bias during your restraining order hearing, you can file a motion for a new hearing. In Napa County, you may request a recusal motion to replace the judge, but it must be filed promptly. If the judges decision is discretionary, consider consulting with a local attorney for personalized advice. Appeals are also an option if there was a procedural error or bias.

Full Conversation

I was wondering if you can get a new hearing for temporary restraining order if judge mentioned she has known Jen for many years shopping at Safeway, Jen’s work
Hello ****, it sounds like you're concerned about possible bias in your case. Can you please tell me where the case is being heard? This information will help me provide the most accurate information.
California
Hello ****,
In California, if you believe a judge has a conflict of interest, you can:
- File a peremptory challenge (*.* motion) to disqualify the judge.
- File a disqualification motion for cause (*.* motion) demonstrating the judge’s bias.
Please consult with a legal professional for further guidance.
Napa County
Hello ****, in cases of perceived bias, you may request a recusal motion to replace the judge in Napa County, California. However, the motion must be filed promptly after discovering the potential conflict of interest. The judge's decision to step down is discretionary. Consider consulting with a local attorney for personalized advice.
In court I represented myself and after judge divulged such info I tried speaking in regards to matter , but judge cut me off after “your honor” and told me now is not time to speak, and that ewe needed to proceed with Jen’s testimony and witnesses.. I didn’t want to disrespect her demands so I waited till end to raise hand, where she ignored me and gave her verdict when I then finally spoke she said “ let me rephrase what I said I know Jen from Safeway but never spoke to her, and you should of brought it up before the verdict. Do you think I could have chance new court date with new judge? It’s for restraining order that Im
Hello ****,
In California, you can appeal the judge's decision if you believe there was a procedural error or bias during your hearing. This process is complex and would likely benefit from the help of a legal professional.