Portland, OR asked in Family Law for Oregon

Q: Can I request a new judge based on him forcing me to give my location at a restraining order contestment hearing?

Marion county has a "one family, one judge" However I fear this is hurting my family more than it's helping. My abuser uses the system to further his abuse and the judge entertains it. It has been very disheartening and terrifying to not be able to feel safe or feel that I can properly protect my children. This judge granted my abuser an imminent danger order after he was released from jail for assaulting me over our 9 day old son. Law enforcement refused to uphold the order as they understood he was using the system and making false claims to further his abuse and attempt to gain power and control. My abuser makes claims with little to no evidence and the judge has commented on how whether I am a good mother or not is questionable based on his allegations alone. I filed for a restraining order which the judge granted. My abuser contested it and at the hearing the judge asked me to state my location. I had already been sworn in and couldn't lie. I am currently at a dv shelter. Help me

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1 Lawyer Answer
M. Nicole Clooten
M. Nicole Clooten
  • Pendleton, OR
  • Licensed in Oregon

A: In general, you cannot get a new judge unless you file a contempt proceeding against the other party. You can ask the court to allow you to keep your location confidential under ORS 109.767 (5). I have found that a verbal request to keep the location secret at trial is most often granted. Based on the facts that you have presented, it does not make a lot of sense that you were forced to give your address. The only reason that I could see for that is so that the defendant can ensure that he is not violating the restraining order by going near that location by mistake. If the restraining order was upheld, he will be in violation if he comes on your property, which may not be comforting.

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