D.D.A. Interference

[EdenCrest]

What is the name of your state (only U.S. law)? CA.

My friend who's STBXW is BFF with the Deputy District Attorney in Lake County, CA. Our friend talked personally with the D.A. asking that the D.D.A. not get involved with the divorce. He assured him that he would talk with her (DDA) to make sure she stayed out of the matter.

He was ordered on 1/30/09 to pay $1,000/mo in temp. spousal support. He is unemployed since 12/30/08.

The D.D.A. personally served him with Criminal Contempt of Court papers on Feb 14th for not paying the court ordered Spousal Support (only 15 days after the order was made). The same DDA that was supposedly told not to interfere.

The petitioner does not meet the requirements of living in the county for 6 months and the Judge knows it. She has personal knowledge of nearly all the judges and District Attorney staff in the county and does not feel he can be treated fairly.

There are virtually no assets and a ton of debts, so neither side is hiring a lawyer.

How does he get the DDA to stand down in the matter?What is the name of your state (only U.S. law)?

 

[Ohiogal]

He is in contempt. He was ordered to pay spousal support and has not. He can't force the DDA to stay out -- that would be obstruction of justice. What he can do is ask that this specific DDA be removed due to conflict of interest and he can ask that spousal support be modified if he is voluntarily unemployed.

 

[LdiJ]

He is in contempt. He was ordered to pay spousal support and has not. He can't force the DDA to stay out -- that would be obstruction of justice. What he can do is ask that this specific DDA be removed due to conflict of interest and he can ask that spousal support be modified if he is voluntarily unemployed.

I think you meant "involuntarily"

 

[Ohiogal]

I think you meant "involuntarily"

Yep I did mean involuntarily. Dang typos.

 

[EdenCrest]

He just received his 1st two unemployment checks. I advised him, based on what I've read in these and other forums, to pay what he can. He says he has about 25% left over after living expenses. He's going to get a money order today in those amounts.

He will be filing today for the modification.

He has already talked to the D.A. when the divorce proceedings began. He said he would talk to the DDA to make sure she stayed out. Apparently, she didn't head his advice.

 

[Ohiogal]

He just received his 1st two unemployment checks. I advised him, based on what I've read in these and other forums, to pay what he can. He says he has about 25% left over after living expenses. He's going to get a money order today in those amounts.

He will be filing today for the modification.

He has already talked to the D.A. when the divorce proceedings began. He said he would talk to the DDA to make sure she stayed out. Apparently, she didn't head his advice.

You don't get it -- he has NO RIGHT to be telling the DA to do anything. Does he want major legal trouble? he can easily be stomped. If I was his wife's attorney I would be asking that there be sanctions against him for his interference, obstruction of justice and his attempted intimidation.

 

[garrula lingua]

Ohio,
I don't believe the DDA is prosecuting the contempt charge.

It sounds as though, as a friend of the ex, she is simply serving process on yoyo, not acting in her capacity as a Prosecutor.

In CA, any adult who is not a party in the case can serve court docs.


OP,
Any competent adult has the right to serve papers.
The DA should stay out of the divorce.
The person serving paperwork is not 'interferring' in the divorce - they are only serving in a perfunctory/procedural capacity.

 

[Ohiogal]

Ohio,
I don't believe the DDA is prosecuting the contempt charge.

It sounds as though, as a friend of the ex, she is simply serving process on yoyo, not acting in her capacity as a Prosecutor.

In CA, any adult who is not a party in the case can serve court docs.


OP,
Any competent adult has the right to serve papers.
The DA should stay out of the divorce.
The person serving paperwork is not 'interferring' in the divorce - they are only serving in a perfunctory/procedural capacity.

Okay I agree with your interpretation. On some cases out here the DA is involved with contempt (namely support/child or spousal) and prosecutes the contempt issues.

 

[EdenCrest]

Okay I agree with your interpretation. On some cases out here the DA is involved with contempt (namely support/child or spousal) and prosecutes the contempt issues.

In Lake County, the DA IS involved in contempt cases. It IS a conflict of interest for the DDA, as the best friend (BFF) of the STBXW, to be involved in serving the contempt papers on the husband (IMHO).

OHIOGAL, I'm not sure why your attitude has been so combative. My friend is paying what he can. You can't squeeze blood out of a turnip. He's paying $400/mo out of the arbitrary $1,000 amount the judge decided on. In CA, the amount awarded is always arbitrary since each judge can award anything they want without justification.

One judge has recused (sp?) himself because he had asked out the STBXW on a date. Another judge has transferred the case twice out of his courtroom for no apparent reason. So, wouldn't you be afraid of not getting a fair shake in a county of 60,000 people? The DDA's friendship circle consists almost exclusively of other ADAs and other employees in the DAs office.

 

[EdenCrest]

Also, thank God there are no children with this women. Two out of her three previous husbands weren't so lucky.

 

[Ohiogal]

And are you sleeping with your friend? Quite seriously what is your stake here?

as for the rest, he can be served by the DDA. Again the whole obstruction of justice thing comes up. And that is a crime. But never mind. I won't warn you of that. He can rot in jail if he tries it. Okay?

 

[EdenCrest]

1st, I'm not gay. 2nd, this DDA has already manipulated the courts to incarcerate another friend of mine about 8 years ago. I don't want the same fate for this guy. How is it obstruction of justice to try to get a DDA to recuse herself from any involvement in this divorce. Divorce is civil with criminal consequences. The STBXW has already purgered herself, yet there is no consequence to her. Let see, could it be that she is best friends with and living with the Deputy District Attorney. Ohiogirl, don't be a manhater.

Also, the DDA is this guy's co-sponsor. She is on the hook if needs public assistance. Luckily he has perm res so nobody can mess with his ability to stay in the Greatest Country in the History of the World. I hope you can agree with that at least a little bit. Besides, if he were to leave to go back to Europe, the STBXW would never see a dime in support. Contempt of Court be damned.

 

[EdenCrest]

Butt out

OG, I have just finished fishing through many of your posts. I don't see any relevance to my friend's circumstance that you can help with. The posts I see are all mostly negative. Maybe you had the time and/or resources to get through your divorce without a problem. It's just not the case for most of the people out there. I would appreciate it if you didn't post to this thread any longer. Thank you.

 

[cyjeff]

OG, I have just finished fishing through many of your posts. I don't see any relevance to my friend's circumstance that you can help with. The posts I see are all mostly negative. Maybe you had the time and/or resources to get through your divorce without a problem. It's just not the case for most of the people out there. I would appreciate it if you didn't post to this thread any longer. Thank you.

Cool.

Since we don't typically help third parties, get your friend on here and we will be glad to help.

 

[EdenCrest]

I will

You are right. It should be the primary asking the questions. I have been threatened by a judge in the past for poking my nose into others business (my wife's). I can't help it. Our legal system is so attorney-centric that the lay person cannot realistically represent themselves. I'm not a lawyer but have a belief in the "righteousness" of a person having any help they can in the courts.

I will continue to help my friend. But, back to HIS question, how does he get the DDA out of his divorce case?