Legal Question in Family Law in Virginia
Can I contest portions of a court order?
A court order concerning many mandated conditions has been issued to my family after a family member was convicted of a sexual offense. The probation officer/social worker presented a grossly distorted view of my family that I believe led the judge to approve and impose her harsh recommendations, and they have threatened to remove a child from the home. One or two conditions I have refused to meet for now, and so have been threatened to be held in contempt. I cannot afford a lawyer, so how do I go about challenging the court order? Should I wait and be held in contempt (and then perhaps be assigned a lawyer), or try to see the judge (get on the docket for the day)?
2 Answers from Attorneys
Re: Can I contest portions of a court order?
First, you had better file something. The problem is you (like most people) may have waited too long. You may have had only 21 days. But you should file something no matter what. Second, you should call the court and ask who is the "legal services" or "legal aid society" in your area (or nearest area). They may be able to give you free legal help if you cannot afford an attorney. Third, depending on how much time has gone by you should file a "motion to reconsider" (if within 21 days) or some type of motion for modification. You do this by filing a written request that identifies the case and sending a copy both to the court and to the other side. Do not be emotional! Get to the point and be specific. Help the Court understand exactly what it is you want the Court to do. Imagine the Court saying "Okay, what do you want me to do?" You need to answer that question very precisely, saying what lines and words you suggest should be changed in the order. Also, try to put any explanation at the end, so that the court does not have to read through a lot of stuff wondering what it is all about, but will know right up front exactly what you are asking. Then explain why. Then the judge will know why he or she is reading the explanation and how to analyze it. Fourth, you need to actually schedule this for a hearing. Talk to the Clerk of the Court about the proper dates and times for such a motion and what papers to file. It will probably be a "Praecipe" which simply says "Will the Clerk of the Court please place my motion [describe briefly] on the docket for xyz [date]?"
Re: Can I contest portions of a court order?
Rather than waiting for the hammer of contempt
to fall upon you, so to speak, you would be better advised to write a letter to the judge politely explaining the reasons for your reservations concerning her order and, requesting, perhaps, that the judge schedule a hearing to consider your specific requests for its modification.