Legal Question in Family Law in California

Limits of Judges authority

I know a Judge is not supposed to give legal advice in court to a Petitioner or Respondent. Does a Judge go beyond their scope of authority when they consistantly tell a Respondent that they need to file certain paperwork with the court and even ask the Respondent when they intend to file the paperwork. Then the Judge sets a hearing as if the paperwork has been filed to contest the Petitioners motion? If the Judge has gone beyond their scope of authority, what can be done?


Asked on 4/16/09, 8:18 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

Re: Limits of Judges authority

The judge is suppposed to remain impartial and can not dispense any advice. However they are able to use their discretion to prod a pro per along the way. It occurs because of the many pro pers in family court.

As always please consult an attorney prior to taking any legal action. Good luck.

Law Offices James Chau

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San Jose, CA. 95110

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Answered on 4/17/09, 11:27 am


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