Sticky Situation in TX ..TX Law

[emeraldeyedmama]

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


Hello.. I will try to give you the facts from all this..


Ok there was a hearing in October for contempt.. My husband;s ex plead guilty instead of being found guilty. Those were her two option from the judge.

About 3 and a half months later my husband's attorney lets him know that his ex never signed the order from that hearing. A hearing was then set for end of Jan for this order to be signed. My husband's ex nor her attorney show up for the hearing so the judge signed off on paying attorney fees ..paying 500 on the violations as well as jail time on April 1st if she did not comply.

The hearing for April 1st was set back in October as the 6th month mark to see if all is according to schedule. And it has not.

Now in court today my husbands ex did not show but her attorney did claiming she could not reach ex. Now since Oct she has changed phone numbers and addresses(cities) same county though. Now the judge says ok and gives them benefit of doubt that his ex did not know of Jan hearing nor todays, But this hearing(today) was set in Oct when ex attended so I dont see how the judge can ok this.
What can her legal standpoint be on today's hearing? Jan yes! So is the order from Jan void? Is ex still in contempt? Does that change anything? What is the reason they want her in there? A little confusing. Husbands attorney gave her view of this but looking for more. The judge also asked my husband is he prepared for what might happen.. What does that mean?

If you need more ask please. In case anything isnt right.. thanks for any legal advice!! It's late and I hope this isnt too jibberish!

 

[emeraldeyedmama]

Is there anyone familiar with Texas Contempt Cases at all?

 

[Silverplum]

Is there anyone familiar with Texas Contempt Cases at all?

I'm sure there are. However, when you post late at night, you cannot reasonably expect an immediate answer. FA is not 7/11.

For that matter, as a 3rd party, you are not the person to which an advisor would wish to speak.

 

[emeraldeyedmama]

I'm sure there are. However, when you post late at night, you cannot reasonably expect an immediate answer. FA is not 7/11.

For that matter, as a 3rd party, you are not the person to which an advisor would wish to speak.

I dont think moral or ethics would keep online advisors from getting their license suspended. Also it wasnt last night thats why I thought maybe there wasnt alot of people involved in contempt. (not that I blame them) It was a day and a half ago..

 

[emeraldeyedmama]

I'm sure there are. However, when you post late at night, you cannot reasonably expect an immediate answer. FA is not 7/11.

For that matter, as a 3rd party, you are not the person to which an advisor would wish to speak.

BTW they have 7/11's in CO?

 

[Isis1]

I dont think moral or ethics would keep online advisors from getting their license suspended. Also it wasnt last night thats why I thought maybe there wasnt alot of people involved in contempt. (not that I blame them) It was a day and a half ago..

why on earth would you take ANYONE'S advice who wasn't concerned about moral or ethics????

 

[Zigner]

I dont think moral or ethics would keep online advisors from getting their license suspended.

What does THAT have to do with anything?

 

[emeraldeyedmama]

why on earth would you take ANYONE'S advice who wasn't concerned about moral or ethics????

I sure hope Im not... I meant the moral and ethics lawyers have to go by if I hear from one.As Plum put it being a 3rd party!
Plus Im not looking for What to do only if anyone knows how this works or why its working this way in this situation.

 

[emeraldeyedmama]

Update And Q...

Ok On Wedneday CP got served with another Motion and an Order To Appear.

As she did not show up in JAN or April. Here goes.
Order to Appear states this;

"Respondent is ordered to appear before this court on May 4 2009 at 9AM and respond to this Motion to Revoke Suspension of Commitment. the purpose of this hearing is to determine whether respondent has violated one or more terms or conditions of the prior suspension of commitment as alleged in this Motion to Revoke Sus. of Commitment whether a further attorney;s fee and costs should be assessed against respondent and whether respondent should be immediatley confined to jail as assesed in the prior order."

Ok but my Q is in the "prior order" it states;

on PAGE 5

"Civil Contempt

IT IS ORDERED that respondent shall be confined in the county jail of Wilson county for a period not to exceed 18 months or until respondent has complied with the following orders whichever occurs first. IT IS ORDERED that respondent deliver the children to petitioner at the Floresville Police department at the beginning of each period of Petitioners possession of the children

Suspension of commitment

IT IS FURTHER ORDERED that commitment is suspended on the following terms and conditions:

1. IT IS ORDERED that respondent must surrended the the child on time and each and every time petitioner's period of possession of the children is to occur and receive the child from petitioner at the police station in McQueeney TX."

So to be clear since October and (since Jan when this order was resubmitted) if CP has not shown up at Precinct 4 which is actually in Seguin not McQueeney, a police report has been filed.
On thursday CP emailed NCP and said she would be at the FLORESVILLE PD at 5!
6pm is the time of exchange since day 1. The order refiled April 22 says Mcqueeney as well.

Is the way the order is written cause for confusion. Or is it clearly McQueeney? Can she say she did not know. Or that She did not have the order when she was clearly in court in OCT?

Also how does the court expect her to be placed in Jail and still follow an order?

 

[emeraldeyedmama]

Update again...

Wow ok.. So nothing happened... I think my husband made the judge mad. He had to of. It was a different district judge. This was the 4th hearing and 2nd that CP attended. She of course said she had no idea they were going by the court order and her attorney pointed out that it is confusing. BUT they didnt prove she went to the other location at all. My husband now has to drive an extra hour to pick up and drop off the children as neither parties live in Floresville. She moved. He gets every weekend for the month of May and they go back in June to sign the orders. And again in September as she is still on probation. Nothing was done about the bills she owes. She flat out said she didnt see why she had to pay them she has medicaid.
By the end of the hearinf my husband had tears coming down. From madness he says or frustration I feel. He called me crying.
After May the court order will go back to the original but he will still have to drive to Floresville.

And my husband got fired today for missing work. He was excused today but court ended up being Monday instead and they refused to let him switch days. So thats not good. The children are now 3 years old. Can My husband ask for a Motion to Modify based on they are now 3 and he can deviate from the SPO. Nothing seems to work on for him on the 17 plus violations of court ordered time in the past year. Any suggestions?? It was a huge shock Nothing happened and the judge did what she did.