Q: If a domestic case has shown bias and prejudice against one party can you transfer venue?
Found out Judge was on previous case 5 years prior to this one and is familiar with defendant. Has shown obvious bias and unethical procedures in case so far in domestic case where spouse is dependent, disabled, and has no income except disability. Judge favored spouse that was the predominant income earner, by allowing false testimony, false documents, false affidavits enter into POS hearing. Also drafted order in favor of dependent spouse then changed it in chambers off the record without consulting with affected party to negotiate. The second order came back in favor of income earned spouse citing dependent spouse pay mortgage out of POS the entire amount ( after other party abandoned her being disabled and their disabled son) if dependent spouse tried to vacate she had to pay over half the mortgage. This has left her without any money to find a decent place to live comparable to her living standards, while the other spouse has lived free off of business property they own.
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- North Carolina
- (910) 333-9679
- View Profile
- Answered
A: You really can't change venue now that the order has been issued and the case likely concluded. The time to have requested a change of venue would have been before the case was heard. Likely the best option would be a Rule 60 (b) motion and then look into possible remedies for recusing the Judge or changing venue. However, she would have to have an attorney look into the odds of this being successful and if so, represent her. She is likely not competent to properly / successfully present such a motion herself and we can certainly not provide the information she would need to know in a forum like this. Odds are if she represented herself originally then that more than the Judge being biased or prejudiced was why she came out on the short end of the stick. Best of luck.
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