Legal Question in Family Law in California

My ex has filed 31 counts of contempt on me in family court. Each count is for me visiting my son at school on my non visitation day which he knew I was and he didnt object. I have to sign in and have permission from school to be there too. Although we have been in a custody case I never saw this coming. I told him verbally I was going to be at the school and our court order state that we can unless the other party objects. He never objected and he could have easily then showed the school our court order and I would not have been allowed. All I have in emails from my ex is his emails when I would ask to have more tine after school with our son that he would email me "NO you saw him today already at lunch at school." He also has a few allegations where he says I violated court orders after an exparte .....he and I had a disagreement on what ex parte orders meant because there was a holiday involved and something about all other orders not in conflict stay inforced. Our text and emails back and forth are us disgareeing on the temp ex parte order and I tell my ex to get our attorneys involved that that is why we have attorneys .....basically our custody case has gotten very complicated withe ex partes multiple changes to court orders and its really hard to follow now what is not in conflict and what is my ex did two or three expartes in a four month time spam.....I dont think I am guilty of all those days visiting my son at school because I was not hiding it my ex knew etc ....but what about being confused on court orders and not purposly violating orders but just not knowing or being under the impression you are not breaking orders especially when I had an attorney at the time who didnt tell me I was. We have been in and out of court for 8 years three years ago my ex tried to get custodt by filing DV Charges on me now he is trying this route...I dont have a history of not following court orders. I was pro per when he was filing the ex partes and my new attorney wasnt even caught up himself on what our court orders read. Now my ex since he has filed these has been the one breaking court orders ...do I file a counter motion on him I hate this game this isnt about court orders my ex wants sole custody he has been trying for 8 years this is his third attempt. Now I have to get a public defender I had to let my attormney I had for three months go he wasnt helping me. Whats the best way to explain to a judge this situation to not get found guilty I didnt purposly violate court orders like my ex states. PS this is now going to criminal contempt not civil is that normal for family law?


Asked on 8/03/12, 1:42 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You need to ask the court to appoint the public defender to represent you at the contempt hearings. Most courts have a dedicated public defender for this task alone, and that person tends to be an expert in contempt He or she will want to see the e-mails, and it is that person that you must get advice from and work with.

Good luck!

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Answered on 8/03/12, 9:24 am


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