If you believe that your family law case was filed in the wrong courthouse, or you or the other party in your case has moved out of the county where the case was filed, you may be able to request a change of venue from the family law court.
Change of venue matters are very complex and require substantial evidence to convince the judges to transfer your case. You should not attempt to request a change of venue on your own. The experienced Orange County family law attorneys at Wallin & Klarich can guide you through the difficult change of venue process so that your case is handled in the court you are most comfortable with.
What the Court Considers when Granting a Change of Venue Request
Under California Code of Civil Procedure Section 397, a court may change the venue of your case if any of the following apply:
- The courthouse designated in the petition of your case is not the proper court. This would be a situation where the original case was filed in a county that did not have jurisdiction over any of the parties or children;
- The convenience of witnesses and the ends of justice would be promoted by the change. This would be a situation where the majority of the witnesses and one of the parties resides in a different county than where the case was filed;
- There is reason to believe that an impartial trial cannot be heard in the courthouse your case was filed in. This option would be used if you believe that there is an unfair bias against you in the courthouse where your case was filed;
- You and the other party reside in different counties and the ends of justice would be promoted by transferring the venue to the county of the person who resides outside of the county where the case was filed. A situation like this could occur when the party residing outside of the county where the case was filed is indigent and it would be financially devastating to have to travel to another county to appear in the case;
- There is no judge of the court qualified to act. With the recent budget cuts in many counties in California, this may become more prevalent as courthouses are being shut down and judges being transferred.
It is important to note that while the above applies to a motion to change venue, if you and the other party in your case agree to change the venue you will likely only need to meet the venue requirements for that county. Whether you and the other party agree to change the venue of your family law case or you have to file a motion to change venue, you should rely on an experienced Orange County family law attorney to guide you through the process.
Changing Venue within the Same County
Many counties in California are very large geographically and you may feel as though the venue of your case should be changed to a courthouse that is closer to where you live in the county. Changing the venue of your family law case from one courthouse to another within your county is very complex. Each county has their own local rules about whether a court case should be transferred to another courthouse within the county. If you have questions about a particular county’s local rules or are seeking a change of venue within a county, you should not hesitate to contact our skilled Orange County family law firm today.
Contact an Orange County Family Attorney at Wallin & Klarich
Whether you are requesting or objecting to a request for change of venue, it is imperative that you contact an experienced Orange County family law attorney. At Wallin & Klarich, our attorneys have over 30 years of experience in handling change of venue cases. We possess the knowledge of the law and attention to detail to help you obtain a favorable result in your case.
With offices located in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Sherman Oaks, Torrance, West Covina, Victorville and Ventura, we are always available, wherever you happen to live.
Call us today at (888) 749-7428. We will be there when you call.
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