Legal Question in Family Law in Virginia
I have a question concerning the purge bond, I was reading the article entitled
"Contempt, Child Support Enforcement and You" in this article I read the following excerpt:
"If you are found in contempt the Judge will order a purge. A purge is an amount of money or action that once paid or done will purge you of contempt. Lawyers would describe it this way; you must have the keys to your jail cell and chose not to use them. If you are told to pay a purge that you can�t afford the court has committed a legal error. If you are found in contempt and your actions were not willful (you lost your job for example) the court has once again committed a legal error. In both cases you need to appeal or you will be incarcerated."
In this case if a legal error is committed and an appeal is filed under what legal code or citation would this appealed be filed under? And does this apply to the Commonwealth State of Virginia?
I guess in better words what grounds would this appeal be filed on, as in; is there a state citation or law that has been broken and if so what is that state law code or citation? Something in which I can look up in a law code book in order to receive further details to see if a violation of said law has taken place.
1 Answer from Attorneys
If the alleged error occurred in a Virginia J & D court, you could automatically request what's called
an appeal "de novo'" within 10 days of the date of this lower court decision up to the circuit court, citing whatever grounds that you believe may be appropriate as the basis for your appeal. (Keep in mind though that you will likely be required to post a bond to perfect your appeal which will likely equal the amount of any "purge" amount as ordered by the lower court.)
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