P
psfunkytek
Guest
What is the name of your state? CA
I have recently been served with contempt papers for violating a family court order. I would appreciate any input on the best way to assure this is dismissed at arraignment (if possible) so I can avoid a trial and delay my ongoing 730 Evaluation.
I had a hearing on June 7, 2005 in which I was present and the judge order that both parents could have two non- consecutive weeks of vacation during the summer. My ex selected his time on the spot, and based on the date he picked, the judge gave the end dates for his vacation (which happened to be Saturday). I was unable to give the dates I wanted immediately, so the judge ordered that I notify ex of my dates by June 30, 2005. Ex left the country and gave my attorney dates of 7-1 to 7-8 and 8/31 - 9/7 for my days. Ex returned on June 25 and complained to his attorney that he didn't like my selections because it meant it would be too long since he had seen our daughter. So I offered him several day's in which he could have extra visitation, but he never responded respond.
When I got home on July 1, 2005 (I work from 9-6) I casually checked my e-mails and voice mails and found my attorney was frantically trying to reach me because he had signed an order (I’ve begged him never to sign anything without me seeing it first) that said that vacations MUST run from Saturday to Saturday at 11:00am and therefore from 6pm (which I can never make anyway) until 11:00am on July 2, was ex's custodial time and I had to take her to the transfer point ASAP! It was about 7pm when I got the fax (via efax/e-mail) and voice messages (on my cell phone which I do not answer or check at work because I have been written up for being on the phone too much). My daughter had been at home with my mom babysitting that day and they were not home. The police station (transfer point) was also calling me.
My mom doesn't drive, so I rushed out hoping I could find them (they frequently walk to a nearby park) and take my daughter to the transfer point. Even though I was already an hour late, of course he knew I could NEVER arrive by six, because that's what time I get off work and it's about a one hour drive. I couldn't find my mother and finally went back home at about 7:45 my mother and daughter were back, but I called the station and ex was gone. In the past I would have dragged myself and poor daughter out and hi-tailed it 25 miles in traffic, but just can’t anymore, especially with the very real possibility that he’ll refuse to answer and I’ll have driven for nothing (it’s happened before).
Barely relevant was that ex lives about 25 miles from transfer point and we have GOD AWFUL traffic in so cal on holiday weekends so if I had gotten her to him (say 8pm) she would have likely been sleep by the time he got home and he would have had to get up the next morning (on his route there is FREQUENTLY traffic even on Saturday Morning) and drive her 25miles back (ex torments both me and daughter with this type of stuff constantly, but I comply whenever possible, for exactly this reason - avoid more stupid litigation).
A few day's later, he sends an e-mail demanding that I give up my weekend (I only get 2nd and 5th where there is one) ignoring all the specific time I offered him or he is going to charge me with contempt (extortion?). I told him I already had plans for that time and could not accommodate.
About one month later, I'm personally served with contempt papers for failure to deliver my daughter for custodial time with ex on July 1st. Hearing/Arraignment on matter is 8/31 I want this DISSMISSED on 8/31.
Specific questions are as follows:
1) Is this obviously malicious, vindictive behavior that the judge will toss out? I've read the CA statute for contempt and it states that it must be willful disobedient behavior of an order that you have the ability to comply with. The order wasn't reflective of the hearing (transcript forthcoming), therefore I had no knowledge that I had to plan to turn over custody that evening until it was way too late as my attorney left the voice mail on my cell phone at 4:20pm on July 1st admitting his signing the bad and explaining the situation.
2) I have told attorney that I think it's unfair for me to have to pay for his defense of contempt charges, he signed an inaccurate order. He's admitted the mistake (but of course no attorney is going to voluntarily waive fees).
3) Does anyone see this as clear and obvious malicious act on the part of ex. There is a pattern of him doing this, but attorney doesn't want to present the pattern until trial (which I don't want to have and told him I'm not going to pay), just the facts of this instance.
4) I've been told that contempt is "quasi-criminal". What exactly does that mean and am I eligible to have a public defender or my attorney compensated as a public defender?
5) Any other advice
Thanks,
I have recently been served with contempt papers for violating a family court order. I would appreciate any input on the best way to assure this is dismissed at arraignment (if possible) so I can avoid a trial and delay my ongoing 730 Evaluation.
I had a hearing on June 7, 2005 in which I was present and the judge order that both parents could have two non- consecutive weeks of vacation during the summer. My ex selected his time on the spot, and based on the date he picked, the judge gave the end dates for his vacation (which happened to be Saturday). I was unable to give the dates I wanted immediately, so the judge ordered that I notify ex of my dates by June 30, 2005. Ex left the country and gave my attorney dates of 7-1 to 7-8 and 8/31 - 9/7 for my days. Ex returned on June 25 and complained to his attorney that he didn't like my selections because it meant it would be too long since he had seen our daughter. So I offered him several day's in which he could have extra visitation, but he never responded respond.
When I got home on July 1, 2005 (I work from 9-6) I casually checked my e-mails and voice mails and found my attorney was frantically trying to reach me because he had signed an order (I’ve begged him never to sign anything without me seeing it first) that said that vacations MUST run from Saturday to Saturday at 11:00am and therefore from 6pm (which I can never make anyway) until 11:00am on July 2, was ex's custodial time and I had to take her to the transfer point ASAP! It was about 7pm when I got the fax (via efax/e-mail) and voice messages (on my cell phone which I do not answer or check at work because I have been written up for being on the phone too much). My daughter had been at home with my mom babysitting that day and they were not home. The police station (transfer point) was also calling me.
My mom doesn't drive, so I rushed out hoping I could find them (they frequently walk to a nearby park) and take my daughter to the transfer point. Even though I was already an hour late, of course he knew I could NEVER arrive by six, because that's what time I get off work and it's about a one hour drive. I couldn't find my mother and finally went back home at about 7:45 my mother and daughter were back, but I called the station and ex was gone. In the past I would have dragged myself and poor daughter out and hi-tailed it 25 miles in traffic, but just can’t anymore, especially with the very real possibility that he’ll refuse to answer and I’ll have driven for nothing (it’s happened before).
Barely relevant was that ex lives about 25 miles from transfer point and we have GOD AWFUL traffic in so cal on holiday weekends so if I had gotten her to him (say 8pm) she would have likely been sleep by the time he got home and he would have had to get up the next morning (on his route there is FREQUENTLY traffic even on Saturday Morning) and drive her 25miles back (ex torments both me and daughter with this type of stuff constantly, but I comply whenever possible, for exactly this reason - avoid more stupid litigation).
A few day's later, he sends an e-mail demanding that I give up my weekend (I only get 2nd and 5th where there is one) ignoring all the specific time I offered him or he is going to charge me with contempt (extortion?). I told him I already had plans for that time and could not accommodate.
About one month later, I'm personally served with contempt papers for failure to deliver my daughter for custodial time with ex on July 1st. Hearing/Arraignment on matter is 8/31 I want this DISSMISSED on 8/31.
Specific questions are as follows:
1) Is this obviously malicious, vindictive behavior that the judge will toss out? I've read the CA statute for contempt and it states that it must be willful disobedient behavior of an order that you have the ability to comply with. The order wasn't reflective of the hearing (transcript forthcoming), therefore I had no knowledge that I had to plan to turn over custody that evening until it was way too late as my attorney left the voice mail on my cell phone at 4:20pm on July 1st admitting his signing the bad and explaining the situation.
2) I have told attorney that I think it's unfair for me to have to pay for his defense of contempt charges, he signed an inaccurate order. He's admitted the mistake (but of course no attorney is going to voluntarily waive fees).
3) Does anyone see this as clear and obvious malicious act on the part of ex. There is a pattern of him doing this, but attorney doesn't want to present the pattern until trial (which I don't want to have and told him I'm not going to pay), just the facts of this instance.
4) I've been told that contempt is "quasi-criminal". What exactly does that mean and am I eligible to have a public defender or my attorney compensated as a public defender?
5) Any other advice
Thanks,