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Contempt of Court


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#1 Felicia520

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Posted 16 March 2012 - 08:51 AM

I live in Colorado.


My daughter saw a picture of her father's penis on his phone. Due to her discomfort with him pertaining to this matter she did not want to spend time with him on their next scheduled visitation. I did not force her to go. Would this kind of issue be adequate evidence in a contempt of court hearing to "show cause?"



#2 Insons_Insontis

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Posted 16 March 2012 - 09:56 AM

How did she acquire access to the phone?  Did he give her the phone for her to use?  Did she take the phone without his knowledge?  How do you know it was his penis?

Hate to pry into the details, but I believe these are questions that will be asked at a later date.


#3 Ted_from_Texas

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Posted 16 March 2012 - 03:54 PM

If there is a court order for visitation and you fail to make your daughter available for the visit, then you are in violation of the order, and yes, you can be charged with contempt.  If you have reason to believe your daughter's father is subjecting her to emotional or sexual abuse while in hes care, the proper course is to petition the court for a modification of the order to limit his vists or have them supervised.


The court will, as a minimum, want answers to the questions raised in the previous response.  You will have an opportunity to present your evidence, and the father will have the opportunity to rebut it if he can.  How the court will rule I can't say, but if all the evidence you have is that your daughter says she saw a picture of a penis on his cell phone, it's going to be a hard case to win.  I strongly suggest you consult with a local family law attorney to find out how best to present your case.  I'm just sayin'.



#4 Felicia520

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Posted 16 March 2012 - 10:40 PM

He gave her the phone to use.


She told me what she had seen on the phone. When I asked her father about it he said he told her "he was sorry about that." I asked did you tell her it was you he said "no" and I said do not.



#5 Felicia520

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Posted 16 March 2012 - 10:59 PM

Do you know if the judge will ask me if I need a court appointed attorney at the first appearance? If I say yes, does the hearing then get rescheduled?


Since I can't afford and attorney, should I have all my financial documents at that time as well as court forms to claim indingent?



#6 Ted_from_Texas

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Posted 16 March 2012 - 11:20 PM

Under the circumstances you describe (I have no way of knowing if it's the whole story) this would probably not be worth a trip to court.  If he takes you in on a show cause hearing for missing one visit, the judge will just tell you not to do it again.  If you take him in for a modification, the judge will probably just make him agree to either erase the dirty pictures, or stop letting your daughter use his phone.  Either way, one incident does not generally rate the trouble and expense of litigation.  You don't say how old your daughter is, but you haven't indicated that she's suffered emotional harm by seeing one picture of a penis, whether it's her father's or not.  Situations like this are often best worked out between the parents.


Attorneys are generally only appointed for defendants in criminal cases.  In a case like this you would probably be expected to retain your own counsel or appear pro se.  If you cannot afford an attorney, Try contacting the Legal Aid Society in your area, or the legal clinic of a nearby law school.  You might also find information and/or referrals at a support group for divorced parents.



#7 Felicia520

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Posted 17 March 2012 - 07:59 PM

It has been at least three missed visits in four years. The police came to my home, I did not answer the door. Each of these times my daughter did not want to go with her dad and I did not force her. She is eight by the way. I would love to be able to communicate with my ex and  have at least a semi-normal co-parenting relationship however he refuse to speak to me at all, instead he speaks through our daughter which by the way is a violation of our court order.


My hearing is Tuesday 3/20/12. Legal Aid helped me a little by answering some of my questions. It would be nice to have someone there that knows what they are doing. My plan is to first sincerely apologize to the judge and the court for the violation. Secondly, share with the court the reasons my daughter missed her visits. And, lastly, and please tell me what you think, should I mention that I will be bringing charges against my ex as well for contempt since he has violated the court order many times and should I ask the judge for leniency in whatever my consequences my be since I felt I was acting in the best interest of my daughter, admitting that I did not handle it correctly or legally?


 



#8 pg1067

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Posted 19 March 2012 - 03:44 AM

Felicia520 said...

Would this kind of issue be adequate evidence in a contempt of court hearing to "show cause?"

I don't know what this means.  You seem to be trying to equate an "issue" and "evidence," but those are two very different things.  It's not clear why, how, or under what circumstances your daughter saw a picture of her father's penis on his phone, but I can't conceive that any court would find that to be an adequate reason to deny visitation.






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