Legal Question in Family Law in Wisconsin

contempt of court

I have a court order stating that neither my daughter's father(we were never married)or I are allowed to smoke around her nor are we alllowed to permit others to do so. I have already filed two police reports becuase I saw him smoking around her and he has admitted to smoking in the house when she is there. She has asthma and uses an inhaler and she has already had pneumonia twice this year alone.

I need to know how to prove first that he is smoking around her, how to get evidence to prove it in court, and second what I can do to make him stop.

Any help you have is appreciated.


Asked on 3/18/04, 12:04 pm

1 Answer from Attorneys

Mark Mahoney Cassiani Law Office, Wise Shepherd Law Office

Re: contempt of court

Hello,

What is daughter's age? Can she testify? You subpoena witnesses who testify in court under oath as to the fact that they have seen him smoke with her. Maybe you can smell smoke on her if it is bad enough. You will also testify as to what you saw. It will come down to who does the judge believe.

Best wishes, Mark J. Mahoney

Read more
Answered on 3/18/04, 10:13 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Wisconsin