Rule 20 Disqualification of Family Court Judge

If you believe the family court judge assigned to your domestic violence case cannot be fair, you can ask to have that judge removed from your case. This process follows the same rules used for disqualifying any judge in West Virginia's trial courts, which is Rule 17 of the Trial Court Rules.

Because domestic violence cases often involve urgent safety concerns, requests to replace a judge can be handled quickly, on an emergency basis. This means the court system recognizes that these cases may need a fast decision so that protective orders and other important matters are not delayed while a new judge is found.