Legal Question in Family Law in California
Contempt of Court
To whom it may concern:
I was told by a legal assistant that I could file for contempt of court against the father of my child for not following the court order regarding visitation and custody. However, he will get a free lawyer appointed to him because it is a felony and I will surely lose(I can't afford a lawyer). What are my other options? And what could his lawyer possibly say to defend the father's not following the court order? Thank you for your time and for your help.
2 Answers from Attorneys
Re: Contempt of Court
the legal assistant you talked to is an idiot. File to enforce the court order. You will win.for
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
Re: Contempt of Court
A contempt of court is a criminal action with a possible
jail term; you are correct that a lawyer may be appointed. However
family law judges have heard all the excuses, and often find a
person guilty of contempt when the facts are clear.
It may be more useful to use the behavior as the grounds upon which to modify
the existing order to include further provisions protecting against the
improper behavior, such as allowing visitation to be cancelled if the
other party is 15 minutes late to a pick-up, or requiring exchanges
at a special place where the time of arrival is noted (at the other party's
expense), or allowing only supervised visitation, etc.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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