Legal Question in Family Law in California

Attorney and his client failure to appear on their own contempt charges

This involves my son's case. He went to court re a contempt charge (which was supoposed to have been dropped due to a negotiation settlement) and the attorney for his ex-wife, nor his ex-wife, were in court. The judge dismissed the case - took it off calendar. Less than 3 hours later, a process server was at my house (which is about 50 miles from the Court) looking for my son, who does not live here. When I said he wasn't here, did not live here, he served the papers in a town about 60 miles away to my son. These are the same papers that had previously been filed, although my son says the signature of the attorney is not in the attorney's writing - his name, but not the same signature as normal. Is this legal? Also, how can the attorney justify having a process server go to a wrong address, when he obviously has a correct address (I did not tell the person my son's address, nor did he ask)? This involves many miles of unnecessary travel and I'm sure they will go after my son for the legal fees.


Asked on 4/19/02, 12:24 pm

2 Answers from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Attorney and his client failure to appear on their own contempt charges

If he has a written settlement agreement, that would be his defense.

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Answered on 4/19/02, 1:16 pm
Bruce Moss

Re: Attorney and his client failure to appear on their own contempt charges

There does not appear to be an immediate and quick answer for you. If the settlement is, in fact, completed and resolves the issue that is the subject of the contempt, then that could be a defense, although other defenses may also be available. I would NOT suggest that your son attempt to represent himself on a contempt matter as it does have criminal implications. If he does not have sufficient assets or income to be able to hire an attorney, he can request that the court appoint an attorney to represent him.

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Answered on 4/19/02, 3:16 pm


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