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Missed Court Date... Warrant

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

I missed a court date on 10/22/08 and they have issued a warrant for my arrest in the amount of $5,000.00 - I do understand that my reason for missing court (I have it in my Calendar for NOV 22 - stupid mistake) is not going to mean anything.

My question is this... I am going to the courthouse this morning - I don't have the 500 to give them - I'm hoping to ask to see the judge or get onto the docket in order to appear rather than goto jail... is this possible?

The court date was for M PC 166(A)(4) - my exhusband and his family in the past year have had me in court 13 times over our divorce, custody issues, so on and so forth... I lost track of the dates...
 


FlyingRon

Senior Member
Do you have a lawyer?
You might be able to have the warrant withdrawn if you give a date certain for your appearance.

Failing to appear over violation of a court order isn't going to endear yourself to the judge.
 
New date...

To answer you Ron, I no longer could afford my attorney because of the mass filings and appearances that were caused by the habitual filings of my ex and his crew... so I'm solo again - however - good news is I was able to just have the date rescheduled to next weds...

Which I have taped to my forehead - forewarned my employers - put strings around my fingers...

This year alone (after this hearing, the approaching financial hearing) I will have been in court 15 times...

Anymore - I'm just used to it - there is nothing I can do (we've tried vexatious litigant) to get the filings to stop nor the accusations to stop so all I can do is just move forward...

Thanks for the response.
 
Court

I was informed by the judge today (she dropped the warrant) that I need an attorney for this violation M PC 166(A)(4).

The short of this story is this... I've been engaged (my posts are all over this site) in a very drawn out and custody battle with my ex husband. After several filings on his part to keep us in and out of court for over 1 year... he requested to drop his visitation rights with our four year old daughter completely. Setting a long cause hearing for late January. He had been told by our judge to cease the filings until then and the police department has retained the premise history on my residence which was needed due to his extemporaneous calls to 911 claiming that our child was in danger...each time proven to be false.

With her father relinquishing his rights to visitation this meant that our daughter would no longer be taken to church on Weds and Sundays as has been her routine and habit since birth. While my ex-husband was exercising his rights to see her - and there were evenings when he could not come and pick her up - I would take her to her pre-school class at church on Weds nights.

Occasionally I would see his sister and his mother in the parking lot however we never conversed nor did I acknowledge their presence... I would drop off my daughter and return the following hour once her class was dismissed. There was never an issue.

Post my exhusband surrendering his visitation rights I began to travel with my office. He had told me that his sister and his mother still wanted to continue with the relationship with our daughter.

About 6 weeks ago I went to their home to ask if they could watch Kalea from a Thursday evening to a Saturday morning while I attended a conference in Universal City. They slammed the door in my face... my answer was had. In spite of the very close relationship that they retained with our daughter... they obviously wanted nothing to do with her... I tried, failed and moved forward with this understanding

In the meantime I had been in close contact with a member of the church to make absolutely certain that my exhusband no longer attended that church (which he confirmed that he didn't) - I was also told that his mother had occassionally showed but he thought they had found a different church.... I waited a couple of more weeks to make sure and had planned on returning my daughter to her classroom on 9/17/2008 - again keeping contact with a member of the church out of caution to not have my daughter and her father run into one another... never believing there was an "issue" with the mom and the sister.

On the day of the 17th I was dutifully served with a restraining order filed by my ex sister in law... Domestic Violence.

She claimed that on the day that I showed to her home I kicked in her door and threatened to kill her mother and her dog.

Quite honestly I laughed and simply thought to myself... chalk that up with killing fetuses, assaulting small children, running cars off of the road, placing children in danger of kidnap, assaulting an elderly woman... THESE are the claims I've been battling in court and with MPD, CPS and my ex since July 2007 - the false claims started pouring in the day after I had him served with contempt of court for violating a DVRO (threatening to hack my head off with a knife) as well as failure to pay child support. THE NEXT DAY (I have the police report and the officer CLEARLY stated that it was a false report) my ex husband began claiming that I was erratic, dangerous and witholding our child from him. I've had several officers tell me that this man "wants you in jail"

So I review this restraining order a bit closer... says... stay away from home (defined) Job (defined), car (defined) people (defined) "my church" (NOT DEFINED)

I called the opposing attorney for clarification since that NIGHT I was taking our daughter back to church... like an idiot I had told my daughter where we were going, bought her a new dress and we were excited... the member of the church that I'd been speaking too was also excited to see her back in class.

Item (6) section (b) of this restraining order states: The person in item (2) - me - must NOT do the following things to the protected people listed in item (1) and (3) contact(either directly or indirectly), or telephone or send messages or mail or e-mail exceptfor brief and peaceful contact as required for court ordered visitation of children unless a criminal protective order says otherwise.

My ex sister in law failed to admit in her restraining order that there is in fact a custody order in place.

Our old custody order prior to him forfeiting his visitation rights clearly states that Weds evenings he will pick her up for the sole purpose of taking her to church (he fought and fought for weds evenings in order to take her to church and always made sure that if he couldn't I could make sure she went). My NEW custody order clearly states that my exhusband has no visitation rights and I am to proceed with her schedule for consistency... meaning... church (unclear in the order, my interpretation)

Her attorney wouldn't answer me... I, like a MORON (I see this NOW) interpreted item (6) section (b) as my right to proceed with following the existing order and due to her attorney's office refusing to release that information of WHERE her church was... I left a note on her front door (her car was not home) asking her to clarify the location of her church due to the fact that if she DOES, by chance, choose to attend my daughter's church that night - I certainly didn't want to be hauled off to jail in front of my daughter and I would certainly stay away...

Of course... MPD showed on my doorstep.. I showed him the order - he agreed that it was muddy and went to his car to call my ex sister in law for clarification... she still refused to give the information... clearly hoping that I'd show and TRUE TO THE THREATS of this entire family have me sent to jail. Officer cited me and placed me into handcuffs on my front lawn - gave me a court date... which ended up in the position that I'm at now.

K... so give it to me straight... how much time in jail am I looking at?
 
While it appears that you are looking at no less than a year and a $5,000 fine, you should read the following:

California Penal Code Section 166 - California Attorney Resources - California Laws

It's really rather long, so you might view it on the original site.

One question that I have. If your ex has abandoned his visitation, what would happen to your daughter should you become confined?

It seems to me, (and I'm only assuming here), that he doesn't want anything to do with her. I guess I am fishing in my brain for a motive on his part for all of this. I've personally known hateful people such as these, but they were never family, and I had no dealings with them. They taught me not to have. :D
 
The link is not working...

Thank you... oh my ... He may have succeeded in his gaining his original goal of stopping me completely from holding him financially responsible... I regret with every ounce of my being EVER having filed those contempt charges! WHAT WAS I THINKING????

A year in jail??? My God what have I done???? Our daughter is FOUR!!! Why can they not just say "I want nothing to do with her" rather than continuing with this vengence war path????? To answer you - I have no idea who could take her for this period of time.. what about our home and her school - her dance - my job.... AND OUR LIFE???

Would you mind perhaps cleaning up that link so that it is easier for me to access? I need to read it and have my bosses read over it too... I was able to cross reference PC 166 and it is in reference to custody and what not.. nothing to do with a violation of restraining order... however since his sister filed it under DVRO...

Our long cause is set for late January - which is meant to review custody of our child.

I walked in today prepared to plea NO CONTEST - simply because I, in spite of the fact that I did what I thought I was allowed to do at the time... was an idiot and didn't gain legal advice over the church issue first...

He literally has walked off... telling me in emails to contact the police if Kalea has any urgent health matters... they are OBSESSED with court and police and dodging THEIR dedication to this child - it has taken months for her to return to the happy little girl that she once was.. it was a tough pill to swallow for her dad, grandmother, auntie, uncle... to just POOF.. disappear...

Thank goodness that when they turned me in falsely to CPS that I gained a relationship with an organization here in town that helped us through the time of mourning that she was experiencing... however now looking back... I put myself into that system!

Can I pay to stay home and keep working? House arrest???
 
CPC 166 (a) 4:

(a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a misdemeanor:

(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by any
court, including orders pending trial.

The wording "of any process or court order", refers to Restraining Orders, as they are an Order of the Court.

If this is the first time you have ever been charged with 166, you might find that the Judge might accept explanation of how you came to violate the order in the first place, but don't count on it.

If you have ever been before a Judge for 166, you can almost be guaranteed that at least a week in jail and some probation would follow. Judge's do not take kindly to having their orders ignored.

If you wind up with probation, be prepared for that to add fuel to the fire, as once whomever it is that continues to have you in Court finds out about the probation, they will be on the phone constantly with the Probation Officer, making claims and complaints about you.

You are in a very precarious situation. I think it would behoove you to always have someone with you, that can be a credible witness for you, or take along a video camera and record your every move and word.
 
Thank you for your reply

I had let my guard down when my exhusband let go of his legal rights. This suit with his sister was - at first - comical to me... however now I do understand the impact that her claims have on my custody case.

All I can do is tell the truth. Since day one of this fiasco - my primary concern has been to keep our daughter steady and routine... I believe now.. that was my mistake.

Thanks again.
Yolanda
 
While a lot of this may have appeared comical to you, these people seem to have an agenda. These are dangerous people when it comes to your freedom. Keep your friends close, and your enemies closer.
 
They do have an agenda

And I'm REALLY sad to say... He should have been stopped LONG ago - for some reason this has been allowed and it's cost my daughter and I HUGE amounts of money, grief and pain...

What's REALLY scary is that he is supported by these people
 
Update

CPC 166 (a) 4:

(a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a misdemeanor:

(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by any
court, including orders pending trial.

The wording "of any process or court order", refers to Restraining Orders, as they are an Order of the Court.

If this is the first time you have ever been charged with 166, you might find that the Judge might accept explanation of how you came to violate the order in the first place, but don't count on it.

If you have ever been before a Judge for 166, you can almost be guaranteed that at least a week in jail and some probation would follow. Judge's do not take kindly to having their orders ignored.

If you wind up with probation, be prepared for that to add fuel to the fire, as once whomever it is that continues to have you in Court finds out about the probation, they will be on the phone constantly with the Probation Officer, making claims and complaints about you.

You are in a very precarious situation. I think it would behoove you to always have someone with you, that can be a credible witness for you, or take along a video camera and record your every move and word.

DA wanted 30 days in jail - the conflict attorney showed him the failure to define the church and also had the officers report stating that he also tried to define the church and failed... so the DA lowered to 10 days suspended and a $500 fine.
 
I'm glad you came back to let us all know the outcome. I'm sorry for you that you now have a misdemeanor conviction and have to pay that fine.

I hope you never forget, especially after this, that his family is not going to stop at this. They were able to get you convicted once, and usually repeat offenses enhances future convictions. Just be prepared and keep a video camera with you.

Good luck.
 

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