QUESTION
Can I use a Peremptory Challenge in temporary restraining order?
Asked on Feb 14th, 2013 on Divorce - Louisiana
More details to this question:
My ex rear ended my car and then called the police. He told the officer that in fact it was me who backed up the car and intentionally hit him. The officer was very rude to me. While I was being tended by paramedics for severe chest pain, he threatened me that if I do not agree my mistake then he will take me out of the ambulance and arrest me. Under pain and duress I had no option but to agree. In his report officer mentioned that I was being untruthful. No charges were filed against anyone. Now using that report my ex has filed for restraining order with the same court where our divorce case is going on. I feel that I will not have fair chance under the judge. I have 2 questions.1. How do I know if the same judge is appointed this restraining order case? 2. How can I use Peremptory Challenge successfully for Temporary Restraining order case? Your answers will be appreciated.
5 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You cannot use peremptory challenge to a restraining order.That is only to get a potential juror kicked off the panel. As for whether or not it is the same judge, go to the court file. But frankly, it is better for you to deal with your attorney to get your answers.
Answered on Feb 19th, 2013 at 1:17 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You need an attorney. You may need to subpoena the police officer. Your paperwork should say who your judge is for the restraining order. Even if you challenge the judge, another judge may take judicial notice of anything you stated in the other case or of the other case. So see an attorney as to whether a challenge is even worth it.
Answered on Feb 19th, 2013 at 6:00 AM
John Arthur Smitten
Peremptory challenges are for juries there are no juries in family court. Your judge will likely be the same judge.
Answered on Feb 19th, 2013 at 5:53 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Peremptory challenges have to do with choosing juries. They don't seem to have anything to do with your issues. In many counties motions for Injunctions (the TRO is what a party gets as a very temporary order pending a hearing. If the Court agrees with the complaining party, it issues an Injunction) are heard by one of the judges who serves as 'duty judge' for the week. If you have a multi-branch court in your county, then you have a chance of getting a different judge. Do you have a lawyer? With an estranged husband like yours, it strikes me that you really need one. (Incidentally, a police report is generally hearsay and not admissible over your objectioning a hearing for an Injunction.) Good Luck.
Answered on Feb 19th, 2013 at 5:52 AM
Criminal Defense Attorney serving Covington, LA
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Law Office of Ernest J. Bauer Jr.
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You can call the courthouse and find who your judge will be. The facts you are giving me will need to presented at trial.
Answered on Feb 19th, 2013 at 12:20 AM