A defendant or court official can file a petition for a change of venue if it is believed that a defendant cannot receive a fair trial in a given county. If there is something about defendant that makes him or her peculiarly subject to the hostility of the local community, venue is more likely to be changed.A: All that is required is good cause. An application for a change of venue must be filed at least 10 days before the date set for trial. You just do a Request for Order (FL300) and request a change of venue. Attach a declaration with the facts of the move and your ex being out of the State. A motion for a change of venue is a legal request for a party to transfer the case from one location to another. California Penal Code Sections 1033-1038. It simply says that if both parties have moved from the County that they can make the request under 397.5. (a) An applicant or defendant may petition the appeals board for a change of venue and a change of venue shall be granted for good cause.
