Q: How can I prove case bias from my Judge who granted my abuser a DVRO even though I have a police report and charges pend
My judge who has since stepped off the bench granted my abuser a DVRO which includes my daughter even though he had no witnesses, evidence only hearsay, and I am the actual victim with a police report with medical injuries that are Documented by MD and charges pending against my abuser. I need to vacate this DVRO I have less than 10 days is there a case law I can cite to make my motion to vacate stronger?
To make matters worse, the judge quoted an appellate court decision from eight years ago, which has nothing to do with the current new issues As a reason why he was granting this. Isn’t this bias or prejudice?
A:
In your situation, proving judicial bias can be challenging. To establish bias, you typically need to demonstrate that the judge had a personal interest in the case or exhibited behavior that clearly indicated a lack of impartiality. Merely disagreeing with the judge's decision or reasoning, such as citing an older appellate court decision, does not necessarily equate to bias.
To vacate the Domestic Violence Restraining Order (DVRO) within your limited time frame, focus on presenting clear, relevant evidence and legal arguments. Highlight the documented medical injuries, the pending charges against your abuser, and any inconsistencies or lack of evidence in the abuser's claim. It’s crucial to show how your situation differs from the one referenced in the appellate court decision quoted by the judge.
While there may not be a specific case law that directly strengthens your motion to vacate, focusing on the facts and evidence of your case is key. Present a compelling argument that the DVRO was granted without substantial evidence and contradicts the existing proof of abuse against you.
Consider consulting with an attorney for a fresh perspective or additional insights, especially if they have experience with DVROs. Remember, each case is unique, and the court’s decision will depend on the specifics of your situation. Your goal is to clearly articulate why the DVRO should be vacated based on the evidence at hand.
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