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need help , order to show cause

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crissyjlq2@yaho

Junior Member
What is the name of your state (new york)? N.Y. I need help with filling out "order to show cause" , in a matrimonial supreme court case. I would like to have the judge on the case , to step down due to the fact that he was the sentencing judge in a criminal case I had a few years ago. thanks crissy
 


You Are Guilty

Senior Member
There is no "form" OSC for that purpose. You can find some others here, and attempt to copy their formatting, but even with a lawyer, you would have a big hurdle:
http://www.courts.state.ny.us/ip/matrimonial-matters/forms.shtml
 

Ohiogal

Queen Bee
What is the name of your state (new york)? N.Y. I need help with filling out "order to show cause" , in a matrimonial supreme court case. I would like to have the judge on the case , to step down due to the fact that he was the sentencing judge in a criminal case I had a few years ago. thanks crissy

Was the judge the judge in the actual divorce? Is this the first hearing with the judge on this case?
 

crissyjlq2@yaho

Junior Member
help, order to show cause

Was the judge the judge in the actual divorce? Is this the first hearing with the judge on this case?
the judge was a supreme court criminal judge in mineola, ny, he transferred to matrimonial court recently. I left my husband last nov.2007, I petitioned him to family court, due to domestic violence issue's. he became angry, and hired a expensive matrimonial lawyer, charging me with false alligation's. after proving his charges were false. the judge we had the first 2 court appearences seemed to realize the situation. ordering my husband to pay all my bills, lawyer, support, etc. Somehow we were switched to a new judge, After the 3rd or 4th visit, the judge asked me who sentenced me in the criminal case which was reduced to a petty larcency,but I am still on probation for 1 more year. I did not recall , I explained that after going to court once a month for over a year, the only time I was in the courtroom was the day I was sentenced. The next court date the judge informed me that he had sentenced me, and that I had the right to have a new judge assigned to the case. My lawyer said that he was a fair judge, and to say with him. In may he gave temp. custody to my husband, Due to my legal history and a drug history which my husband claimed I still had a problem with after almost 3 yrs. clean. And never testing positive for after being on probation for almost 2 yrs. the judge, law guardian and forensic psych that the judge ordered, could care less that I was the one who left him, after trying to kill me, by running me over, breaking my arm, etc. also assualting his 19 year old stepson, calling my 15 yr. old handicapped son , "a f**-ing cripple" after being the only father he new for 14 years. i have 3 grandchildren that are half afro-american, now ages 2, 5, and 8. whenever they were over he would make racial comment's such as " the niglet's are here ", " where's the ****** lover ", and stating "****** please" so everyone in the house could here, including his own 4 year old twin's. The clerk in supreme matrimonial court is the one who gave me a (order to show cause in civil action) I have document's to attach to the order, I would like to make sure I word to discribe the relief being sought and reasons properly. I cant' afford to pay my lawyer to do it . Any feedback would be great. on the order i would also like to request a new law guardian and forensic psych. eval. be done. The women had the nerve to state that we are both caring and loving parent's but due to my history she feels that he would be a better custodial parent, he work's 18 hrs a day 5 days a week, has had 3 polish nanny's in the past 5 month's and has a alcohol problem and a drug history. It dose not even matter what I say, none of them even mention the domestic violence report's or questioned my older children now 30, 24, 22, and 19. The 2 younger were the stepchildren I mentioned earlier. HELP
 
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Ohiogal

Queen Bee
the judge was a supreme court criminal judge in mineola, ny, he transferred to matrimonial court recently. I left my husband last nov.2007, I petitioned him to family court, due to domestic violence issue's. he became angry, and hired a expensive matrimonial lawyer, charging me with false alligation's. after proving his charges were false. the judge we had the first 2 court appearences seemed to realize the situation. ordering my husband to pay all my bills, lawyer, support, etc. Somehow we were switched to a new judge, After the 3rd or 4th visit, the judge asked me who sentenced me in the criminal case which was reduced to a petty larcency,but I am still on probation for 1 more year. I did not recall , I explained that after going to court once a month for over a year, the only time I was in the courtroom was the day I was sentenced. The next court date the judge informed me that he had sentenced me, and that I had the right to have a new judge assigned to the case

Okay so the judge gave you the opportunity then to request a new judge.

My lawyer said that he was a fair judge, and to say with him.

You followed your attorney's advice and thus have waived having him removed for the reasons you state. Basically you want him removed because he ruled against you.
In may he gave temp. custody to my husband, Due to my legal history and a drug history which my husband claimed I still had a problem with after almost 3 yrs. clean. And never testing positive for after being on probation for almost 2 yrs. the judge, law guardian and forensic psych that the judge ordered, could care less that I was the one who left him, after trying to kill me, by running me over, breaking my arm, etc. also assualting his 19 year old stepson,

Do you have PROOF that he tried to kill you? Was he charged with any of this? Convicted? Also is your drug use the reason why you were asking how to get a hair follicle test result not admitted? Did that show drug use?

calling my 15 yr. old handicapped son , "a f**-ing cripple" after being the only father he new for 14 years.

Not nice but not illegal.

i have 3 grandchildren that are half afro-american, now ages 2, 5, and 8. whenever they were over he would make racial comment's such as " the niglet's are here ", " where's the ****** lover ", and stating "****** please" so everyone in the house could here, including his own 4 year old twin's.

The 4 year old twins are the two of yours whom he received custody? Being a racist is NOT illegal.

The clerk in supreme matrimonial court is the one who gave me a (order to show cause in civil action) I have document's to attach to the order, I would like to make sure I word to discribe the relief being sought and reasons properly.

What court order is anyone disobeying? And you cannot get the judge removed. You waived having him removed way back when he first told you in court.

I cant' afford to pay my lawyer to do it . Any feedback would be great.

You need to do a lot of reading.
on the order i would also like to request a new law guardian and forensic psych. eval. be done.

Based on what legal reason?

The women had the nerve to state that we are both caring and loving parent's but due to my history she feels that he would be a better custodial parent, he work's 18 hrs a day 5 days a week, has had 3 polish nanny's in the past 5 month's and has a alcohol problem and a drug history.

Why is it a problem he has had Polish nannies? He is allowed to work. Where do you work? What kind of work do you do? Do you have ADMISSIBLE PROOF of an alcohol problem that negatively impacts the children? Did you present that evidence? When is your next hearing? You have a drug history as well so casting that stone isn't going to get you very far.

It dose not even matter what I say, none of them even mention the domestic violence report's or questioned my older children now 30, 24, 22, and 19.

What reports? Police reports? Again, were their charges filed and convictions based on those reports?

The 2 younger were the stepchildren I mentioned earlier. HELP


You need to read the rules of civil procedure, the local rules and the rules of evidence before you file anything.
 

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