Legal Question in Family Law in Virginia
Is this comtempt of a court order?
Current visitation order states: Father has visitation every other Saturday, extra visitations when requested by the child and written approval with me.
My husband has been at the house several times (I have come home unexpectedly from work 2 times to find him here), to see our son. He parks in the field next door and claims he can come to see our son anytime he wants to as long as he doesn't park in my driveway. The order also states he is ''not allowed to enter ONTO the premises'' where we reside.
Can I file for contempt of a visitation order? If so, how do I do that? He is also under supervised probation for a recent felony conviction which was a result of him pointing a loaded rifle at me and my son. Will this affect his probation?
1 Answer from Attorneys
Re: Is this comtempt of a court order?
Yes, you could file in the local Juvenile & Domestic Relations District Court for a Show Cause proceeding against your husband if that's the court which currently has jurisdiction over the matter. However, if the matter of visitation is up in the circuit court, you would need an attorney to file the motion for a contempt finding and possible sanctions.
And, yes, if your husband were found in violation of the court's order, it's possible that such a finding could affect his current supervised probationary status.
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