Legal Question in Family Law in California
I filed a contempt order because visitation was and is being violated. We go to court this friday. The contempt was served in october 2012 on my ex boyfriend. His attorney has known about this since october 2012 too.
1. When should I have expected a response to the contempt charges from opposing counsel?
2. How many days before our Friday Court hearing does opposing counsel have to give me a response to the contempt charges filed by me back in october 2012 ?
3.) Can opposing counsel submit thier response the day of court?
4.) Can opposing counsel submit evidence regarding the conempt charges the same day of court ? they have known about this and all my evidence as of october 2012?
3 Answers from Attorneys
1) Never.
As for all these other questions. Look if you're in need of representation don't hesitate to hire a counsel. Sometimes we may lower our rates for people who cannot afford it.
1. Filing an answer to contempt is not always a good idea. Especially if that answer can be used against the person filing it. Therefore your ex boyfriend's attorney my not file a response but argue in court the defense.
2. See above
3. Yes, the court will accept the response the day of court in a contempt case.
4. Yes
If this is the first time you are going to be in court on this matter, all the court will do is determine if there is sufficient evidence to arraign him on contempt charges. The court will then schedule a contempt trial. That is when the defense will present their real evidence.
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