Set my mind at ease...

[CJane]

What is the name of your state? MO

Court is supposed to be tomorrow... I don't actually know if Stupidhead ever got served or not... I called the Sheriff's department on Friday and the process server was 'out' and no one could tell me anything. So, I called the courthouse and they transferred me to the sheriff's department.

SO... the plan is to show up and if he's there, great. If not, I ask for a continuance. Right? Is there anything else I should be doing?

For anyone who's been through a contempt hearing, can you tell me what it was like format-wise?

Finally, the language in the order to show-cause makes it sound like he's guilty til proven innocent... is that just wishful thinking on my part?

It says "Stupidhead is ordered to appear on XX date in XX court room to show cause why he should not be held in contempt of court."

If he has to show why he shouldn't be in trouble, doesn't that mean that the judge assumes that he should be?

 

[Just Blue]

That's the way it sounds to me....

 

[pa_ak]

What is the name of your state? MO


Finally, the language in the order to show-cause makes it sound like he's guilty til proven innocent... is that just wishful thinking on my part?

It says "Stupidhead is ordered to appear on XX date in XX court room to show cause why he should not be held in contempt of court."

If he has to show why he shouldn't be in trouble, doesn't that mean that the judge assumes that he should be?

Just from reading the "bolded" part, I would have to say no it isn't wishful thinking on your part. I interpret it the same way you do; if SH is being told to appear to show why he shouldn't be held in contempt, it's easy to say the court has already decided based on the evidence he is in contempt.

Not sure if that helps any. I think you are interpreting things right. Good luck tomorrow. {{{Hugs}}} to you.

 

[wileybunch]

I interpret it the same way you do; if SH is being told to appear to show why he shouldn't be held in contempt, it's easy to say the court has already decided based on the evidence he is in contempt.

No, no, that's the language used when filing a motion and order to show cause -- it's what's being asserted by the person filing. It does not mean the court has heard the arguments much less given an opinion on it. In fact, the judge hasn't seen it before it's served on the other party.

But, I'm pretty sure in my state (not MO) that a default can also be taken BUT we are also required to have an evidentiary hearing. In our motion, we asked that the evidentiary hearing be held the same date as the motion was heard, but practically speaking even w/that in there the court cannot necessarily do that due to how cases are scheduled (ie. there would not be enough time b/c it would back up other cases that day).

CJane, do you know if MO requires an evidentiary hearing be held before a finding a of contempt can be made? In any event, good luck to you.

 

[TinkerBelleLuvr]

good luck! may God give you an eloquent tongue!

breathe deep! gather yourself! all will be well with the world.

And yes, it does make 'em sound guilty, until proven innocent.

 

[pa_ak]

No, no, that's the language used when filing a motion and order to show cause -- it's what's being asserted by the person filing. It does not mean the court has heard the arguments much less given an opinion on it. In fact, the judge hasn't seen it before it's served on the other party.

wileybunch - let me clarify...i know it's the language used when filing motions and such...i was just saying based on the way it was worded it would be easy to come to that conclusion... especially since CJane is well aware of what has or hasn't been happening...i was only agreeing that it definitely read the way she thought it did...sorry for any confusion

 

[bmaebell]

Whichever way it goes, good luck!

 

[toomuchstress]

I'm not from MO, but when my ex took me to court for contempt, the motion had the same wording, however, after the trial, the magistrate's ruling stated that the plantiff did not prove beyond a preponderance of the evidence that I was in contempt. So, I don't think it's up to him to prove he's not guilty only. I think you both have to prove which one of you is right.

As far as the format, the first time we just had a pretrial and then it was set for hearing later. The second time she tried it, the lawyers went in with the magistrate and when an agreement couldn't be worked out, we went right into trial that day. I know that doesn't really help...sorry.

GOOD LUCK!!!!

 

[profmum]

Just wanted to wish you good luck!!... your day has come!!

 

[CJane]

Just wanted to wish you good luck!!... your day has come!!

Heh. Not so much, as it turns out.

The sheriff's department failed to serve him. I found out as I arrived at the courthouse this morning that they'd attempted service on the 20th - which I believe was actually a day later than the 'latest possible day' - and they'd failed to make contact.

So, I sat in the courtroom til the judge called our case, he informed me officially that there was no service, and told me to prepare another order to show cause, and he'd reset the case.

I have questions though (of course):

1) Is this new order to show cause a new filing complete with new filing fees?
2) Will I likely have to pay the Sheriff's department to attempt to serve the new paperwork, or is there some level of accountability for not even attempting service until it was technically too late anyway?

 

[profmum]

Heh. Not so much, as it turns out.

The sheriff's department failed to serve him. I found out as I arrived at the courthouse this morning that they'd attempted service on the 20th - which I believe was actually a day later than the 'latest possible day' - and they'd failed to make contact.

Ughh!!.

So, I sat in the courtroom til the judge called our case, he informed me officially that there was no service, and told me to prepare another order to show cause, and he'd reset the case.

I have questions though (of course):

1) Is this new order to show cause a new filing complete with new filing fees?

Don't know the response to this.

2) Will I likely have to pay the Sheriff's department to attempt to serve the new paperwork, or is there some level of accountability for not even attempting service until it was technically too late anyway?

I doubt if there is much accountability for the Sheriff's office here, my advise would be to save the additional $$, is to hire a process server. In CO, when I had to serve my ex, it cost me about $100 and it was very efficient, he got served within a day.
So sorry, you have to wait yet again but your day will come..

 

[CJane]

I doubt if there is much accountability for the Sheriff's office here, my advise would be to save the additional $$, is to hire a process server. In CO, when I had to serve my ex, it cost me about $100 and it was very efficient, he got served within a day.
So sorry, you have to wait yet again but your day will come..

Well, it's $38 for the Sheriff's Department to serve him at his home, and with my current financial situation after an emergency expenditure last week to the tune of $400... the $38 is gonna be a tight squeeze. That's why I'm so curious about the filing fees. I definitely don't have another $180 - and I can't really ask D'Man to pay it when he paid 'em the first time...

 

[JacobJoel]

CJane is there a thread where you talked about this that i can go read? My husband may end up here.

and what a bummer for you. it has to be nerve wracking. how do you stay balanced?

i'm actually known for my levelheadedness and this kind of stuff has made me really over emotional on everything. one gets used to it maybe?

 

[CJane]

CJane is there a thread where you talked about this that i can go read? My husband may end up here.

This is an ongoing case - for the past 4 years - so there isn't any one thread. Any thread of mine about stupidhead (as opposed to asshat) will have to do with this.

and what a bummer for you. it has to be nerve wracking. how do you stay balanced?

I drink a lot.

(Not really, but that's my standard response)

It helps that I finally know that I'm doing the right thing. It was a long time getting here.

i'm actually known for my levelheadedness and this kind of stuff has made me really over emotional on everything. one gets used to it maybe?

I dunno. I was a wreck this morning til the second I walked into the courtroom. It works out well for me that my defense mechanisms tend towards the cold/rational/uber logical instead of emotional.

 

[waitinMd]

Can't you have a friend serve the summons? When we filed, I was told "anyone" could serve it.

For my contempt hearings she had to prove she was not guilty. We stapled the documentation to the motion for contempt, so it was hard for her deny the allegations. Contempt was very black and white in my case.

Good Luck, I'm sorry to hear that he was not served. I was waiting for stupidheads reaction to the first summons and was surprised not to see a post from you.

It is so anguishing to wait. Waiting for his reaction, waiting for a court hearing. For anyone out there who has not gone through this it's a real "ulcer producing experience".

You are in my prayers.