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Contempt related to family law question

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monger68

Junior Member
What is the name of your state (only U.S. law)? Washington

I asked Commissioner prior to trial during a harassment hearing I was trying to get on ex about bringing contempt before the court. Commissioner told me I was not to bring anything before the court until trial. Therefore I filed nothing. I was scared to file anything as Commissioner's orders were no. At trial I was prepared to bring up contempt. I was prepared to go down and file it as well. Judge told me no. Judge said Commissioner may have thought it could be part of the trial but it was her decision and she wasn't going to hear it. Well come to find out that since trial and new parenting plan ordered that any contempt prior I cannot bring before the court. I have shown a clear pattern of refusing my visitation rights and not allowing visit after visit. I would think this is a violation of my due process? Is it possible to have the contempt heard with new contempt since due process was violated or am I just out of luck on old contempt?
 


Zigner

Senior Member, Non-Attorney
Do you wish to punish the other party for past transgressions, or do you wish to avoid future transgressions?
 

Ohiogal

Queen Bee
I wish to have all the contempt heard old and new as should have been my right.
For what purpose? You should have filed prior to the final hearing then. I don't care what the commissioner stated. You were responsible for managing your own case. And if you believe the commissioner was incorrect you should have objected/appealed at that time. If someone violated your due process rights, it was you by not knowing procedure and/or the law.
 

RRevak

Senior Member
What is the name of your state (only U.S. law)? Washington

I asked Commissioner prior to trial during a harassment hearing I was trying to get on ex about bringing contempt before the court. Commissioner told me I was not to bring anything before the court until trial. Therefore I filed nothing. I was scared to file anything as Commissioner's orders were no. At trial I was prepared to bring up contempt. I was prepared to go down and file it as well. Judge told me no. Judge said Commissioner may have thought it could be part of the trial but it was her decision and she wasn't going to hear it. Well come to find out that since trial and new parenting plan ordered that any contempt prior I cannot bring before the court. I have shown a clear pattern of refusing my visitation rights and not allowing visit after visit. I would think this is a violation of my due process? Is it possible to have the contempt heard with new contempt since due process was violated or am I just out of luck on old contempt?
Who exactly are you in all this?
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? Washington

I asked Commissioner prior to trial during a harassment hearing I was trying to get on ex about bringing contempt before the court. Commissioner told me I was not to bring anything before the court until trial. Therefore I filed nothing. I was scared to file anything as Commissioner's orders were no.

At trial I was prepared to bring up contempt. I was prepared to go down and file it as well. Judge told me no. Judge said Commissioner may have thought it could be part of the trial but it was her decision and she wasn't going to hear it. Well come to find out that since trial and new parenting plan ordered that any contempt prior I cannot bring before the court. I have shown a clear pattern of refusing my visitation rights and not allowing visit after visit. I would think this is a violation of my due process? Is it possible to have the contempt heard with new contempt since due process was violated or am I just out of luck on old contempt?

This is unfortunately where a lot of pro se litigants end up - frustrated at the system and angry because they feel their rights have been trampled when in fact they haven't.

This is what I think happened:

The commissioner was dealing with a harassment case, and you wanted to introduce a completely different matter during that hearing. The commissioner was actually trying to tell you that you shouldn't file anything else that doesn't pertain to the trial In other words, "don't bring non-trial related stuff before me again please because you're wasting my time as well as yours". The commissioner didn't actually tell you that you couldn't file anything ever again.

I know you're angry, I know you're upset, but this is why you need an attorney. Or at least read up on the RCW and the local court rules, as well as civil procedure.

Basically, I think you misunderstood what you were being told and that's where you are now. The court did nothing wrong.

For future issues though, PLEASE get yourself an attorney.

This will help: http://www.washingtonlawhelp.org/issues/family-law
 

monger68

Junior Member
Who exactly are you in all this?
I am the mother. Because court was only 2 months away is the reason Commissioner said not to bring anything before him again. He said it could all be heard at trial and that was not true. He told me not to bring anything before him before trial.

Lets say my due process is violated. If so, do I have recourse for having contempt prior to trial heard?
 

Proserpina

Senior Member
I am the mother. Because court was only 2 months away is the reason Commissioner said not to bring anything before him again. He said it could all be heard at trial and that was not true. He told me not to bring anything before him before trial.

Lets say my due process is violated. If so, do I have recourse for having contempt prior to trial heard?
*knock knock*

Your right to due process has not being violated, and I'm not playing the "what if" game with you. Your job, as a pro se litigant, is to educate yourself before you're in front of the judge/commissioner. That means checking and double checking.

Let's recap:

You went before the court about a harassment issue. You tried to raise the contempt issue at the same time but that's not why you were there. At trial, you tried again to raise the issue... but here's the problem.

At trial I was prepared to bring up contempt. I was prepared to go down and file it as well. Judge told me no. Judge said Commissioner may have thought it could be part of the trial but it was her decision and she wasn't going to hear it
And this is why you have no recourse, and why your rights weren't violated. You didn't bring up contempt - and the court can't really address something that was never part of the record to begin with. You would lose if you appealed, and for the same reason/s.

Now, please see an attorney. I am not confident you can handle this by yourself.
 

monger68

Junior Member
*knock knock*

Your right to due process has not being violated, and I'm not playing the "what if" game with you. Your job, as a pro se litigant, is to educate yourself before you're in front of the judge/commissioner. That means checking and double checking.

Let's recap:

You went before the court about a harassment issue. You tried to raise the contempt issue at the same time but that's not why you were there. At trial, you tried again to raise the issue... but here's the problem.



And this is why you have no recourse, and why your rights weren't violated. You didn't bring up contempt - and the court can't really address something that was never part of the record to begin with. You would lose if you appealed, and for the same reason/s.

Now, please see an attorney. I am not confident you can handle this by yourself.
I did not try to raise the contempt at that time. I said to the Commisisoner, I have contempt to try can I come back and do this and he said NOT until trial. I was told by other attorney on consult, do what the Commissioner orders you, if he says no contempt then no contempt. I would like you to tell me how my right to be heard was not violated?
 

Silverplum

Senior Member
I did not try to raise the contempt at that time. I said to the Commisisoner, I have contempt to try can I come back and do this and he said NOT until trial. I was told by other attorney on consult, do what the Commissioner orders you, if he says no contempt then no contempt. I would like you to tell me how my right to be heard was not violated?
I'd like for you to read the info you were given by Proserpina. I'd like for posters to use the word 'please,' instead of demanding actions.
 

Proserpina

Senior Member
I did not try to raise the contempt at that time. I said to the Commisisoner, I have contempt to try can I come back and do this and he said NOT until trial.

I was told by other attorney on consult, do what the Commissioner orders you, if he says no contempt then no contempt. I would like you to tell me how my right to be heard was not violated?
Let me break it down a bit further.

You were in court for a harassment hearing. You weren't there for a contempt matter - all the judge said was that you needed to raise it at trial.

Well, you didn't file anything or raise the issue properly. You can't just go into a trial and tell the court that you're ready to file downstairs... do you understand what I'm saying? They're not going to rule on a matter that hasn't even been filed.

I'm being as gentle as I can here, okay?

The bottom line is that legally, the fault lies with you. You didn't do what you were supposed to do. I'm sorry, but your rights weren't violated by the court. They can't be blamed for the trial going ahead without you being ready.
 

Ohiogal

Queen Bee
I did not try to raise the contempt at that time. I said to the Commisisoner, I have contempt to try can I come back and do this and he said NOT until trial. I was told by other attorney on consult, do what the Commissioner orders you, if he says no contempt then no contempt. I would like you to tell me how my right to be heard was not violated?
You could have and should have filed a motion to show cause and asked that it be heard at the final trial. YOU DID NOT DO THAT. Because you did not file a motion to show cause, the judge COULD NOT hear your contempt. And you could not file it at the time of the trial because that would not be procedurally proper.
 

CJane

Senior Member
You could have and should have filed a motion to show cause and asked that it be heard at the final trial. YOU DID NOT DO THAT. Because you did not file a motion to show cause, the judge COULD NOT hear your contempt. And you could not file it at the time of the trial because that would not be procedurally proper.
It WOULD, in fact, be a violation of the OTHER PARTY'S right to due process. You have to FILE your motions, and SERVE your motions and give the other party time to prepare a defense. You didn't. And I'm sorry, but that's on you.
 

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