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How do you request a change of venue in a criminal case in California?
Wiki User
∙ 15y ago
My divorce was final Jan. 19th 2008 and took place in San Bernardino County. I've lived in Kern County for the past 2 years with our 12 year old daughter which I have 90% physical custody with joint leagal. I never pushed the issue that the divorce was due to his alcohol problem. Within the past 45 days he has had a mild heart attack spent 30 days in rehab 3 days later was drunk and put back into rehab for at least 90 days. I have been unable to work and the child support and spousal support from his work is the only income I had. I need a change of venue to change his visitation rights and other aspects of our divorce. What grounds do I have to stand on. My ex-husband by the way still lives in San Bernardino County. Ive been told I cant get a change of venue unless he agrees. Is this true. I was also was told the rights for change of venue lyes where the child lives. No money and don't know what to do. Please help.
Wiki User
∙ 15y ago
Wiki User
∙ 15y agoPresent a motion to the presiding court. But you had better be able to give plenty of reasons why the request to be granted.
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What is the difference between criminal jurisdiction and criminal venue?
Criminal jurisdiction refers to the authority of a court to hear and decide a criminal case, while criminal venue refers to the specific geographical location where the case is heard. Jurisdiction determines if a court can hear a case, while venue determines where within that jurisdiction the case will be heard.
How to Remove family court judge off a case?
change of venue request
Can a criminal retrial be granted a change of venue?
With sufficient legal reason to do so, yes.
In criminal cases what is venue?
The VENUE in a criminal case is the judicial district or county where the crime was committed.
How do you make your custody case be heard in another court?
Request a change of venue, but you need a reason.
The movement of a trial from one location to another?
Change of Venue
How do you get a civil case moved to a different county in Oklahoma?
File a motion with the court setting forth the reason(s) why and request a change of venue.
Can you change venue for a criminal dismissal without prejudice?
A ruling of "Dismissed Without Prejudice" renders that particular prosecution moot. Effectively, you have been released from custody and are a 'free' person with no charges against you. As such you have no grounds or 'standing' to make such a request.IF the prosecution seeks to re-activate the charge (which a dismissal without prejudice legally allows them to do), ONLY upon your re-arrest and subsequent arraignment can you request a change of venue for any subsequent proceedings.
What does motion for change in venue mean?
Change of venue in a criminal case is something that will take place if the Judge/Court feels that the defendant cannot receive a fair trial in a given venue because of prejudice. In civil cases a change of venue may take place just for the convenience of the parties involved. It's basically the change of location from one court to another court or from one county to another county.
Can you only get a change of venue if you are going to trial before a jury?
Yes. A request for a change of venue is only appropriate if it can be demonstrated to the court that the jury pool of the court is tainted (usually by publicity surrounding the case) and the defendant might not receive a fair trial by an impartial jury. If it is a bench trial, the most you could do is request that the judge recuse himself in favor of another judge.
What are some examples of when venue may become an issue in a criminal case?
Someone is well-known (good or bad) in that venue, or part of an extended family who are prominent in that venue.
To ask another court to hear your case is called?
Requesting a CHANGE OF VENUE.
