Change of Venue
At the Law Office of David P. Schwarz we are experienced Orange County divorce lawyers. We have fought for the change of venue when our clients would be prejudiced by the local Courts hearing the Divorce case due impartiality and inequity. Please contact our office for a consultation at 949 735 9266 or via the web. We can also be contacted via email at firstname.lastname@example.org.
A Divorce lawyer will help you file a motion to change venue when the petition, complaint or motion is filed in the wrong court. A qualified lawyer will request to the family law court that the court needs to change jurisdiction to another qualified court.
A change of Venue will be needed and is often sought when there is a conflict of interest or there is a problem when the trial court would be impartial. This would happen in rare instances when all the Judges or Court personal would not be able to give a fair trial to the parties in the action.
A Divorce Lawyer will be able to argue in some cases that the witnesses that are needed to produce evidence at trial are not local. A Lawyer will assert that it would be too burdensome for the witnesses to travel to the local Court and testify. As a result the Divorce case would be jeopardized and a prejudicial outcome would result. Therefore a change of venue would be mandatory in order to have an equitable result for the Divorce proceedings.
In other occasions, an Orange County Divorce Attorney will argue to the Court that sometimes the Judge of a County knows the litigants. This can happen more often than not when the Judges used to be practicing lawyers in the local community. Family Law Judges many times were family law lawyers who practiced in the Court that they now are Judges. Thus it would a conflict and a prejudice to the parties if the Judge presided over the Divorce proceedings. A change of venue may be warranted if no other Judge can step in to hear the case.
In Divorce proceedings a change of venue can be only brought before the family law Court when the petitioner has been a resident in the county they reside for three months. At the Law Office of David P Schwarz we have sought a change of venue many times when the Respondent and the Petitioner both live in different Counties and it is necessary that one County be the proper forum to preside over the Divorce proceeding.
An Orange County Family Law Judge can consider and make a ruling on certain temporary Divorce issues to preserve status quo for the parties. The type of orders the Family Law Court can make are spousal support, child support, restraining orders and attorneys' fees. These orders would only be temporary and could be changed by the new Court once the venue has changed.
At the Law Office of David P. Schwarz we have filed many motions for change of venue on several Divorce cases. Our motions to change venue have been granted most of the time. We make sure that the most fair and equitable Court presides over your Divorce case. Please contact our office at 949 735 9266 for a consultation. We can also be contacted via the web or by email at email@example.com.