Legal Question in Family Law in California
Illegal rulings
My case was put on the docket without my knowledge, was heard by a commissioner and a judgement was granted to the other party to recieve the wrong kind of visitation. Since I realized that the visits were the wrong kind, I notified the other party that I was going to diconntinue the visits. Since I did that the other party now has filed contempt against me maliciously. I have talked (briefly unfortunatly) to a law facilitator and the family court service center but no one can give me any useful advice or direction. I need to know what I can do. I can't file an order to show cause because I have a hearing sheduled for the ninth but I can't file a declaration since I need to have other issuses heared. I have done alot of research but still have no idea of an available option. Please help with some advice or even to point me in the right direction. I appreciate it very, very much
1 Answer from Attorneys
Re: Illegal rulings
You can be held in contempt for "wilful" violation of a court order -- he has to establish that you had knowledge of the court order, the ability to comply and made a choice not too. A contempt is a "quasi-criminal" proceeding and so you have full Constitutional rights: among others, the right to remain silent, the right to confront witnesses against you and the right to be represented by an attorney at government expense if you cannot afford one. Family law judges typically speaking are very careful about making a finding of contempt. If you are found guilty, on a first violation for contempt, you can expect to get a fine, you are not looking at jail time.
You can still file for a modification and/or move to set aside the prior order/judgment on the visitation issues. To set aside the prior order, there are time limitations so you need to get on this.
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