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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am a mother fighting in court to retain custody from an

Customer Question

I am a mother fighting in court to retain custody from an extended family member who has been awarded temporary custody. My aunt has filed a restraining order against me and will not allow me to see my child I want to write a letter to the judge notifying her of how she is in contempt of court.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
What should I say in my letter? It has been 6 months since I have had any communication with her at all.
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

You wouldn't need to write a letter because the judge will not read it.....in fact, the judge is not allowed to engage in ex parte communications with a party to a case.....so the judge will likely throw it away without reading it.

However, you can file a motion for contempt against the aunt and serve her with the motion and then go to court and tell the judge that she's not following the order......the judge can then hold her in contempt of court and fine or even jail her for being in contempt.......the judge could also change custody based on the contemptuous actions she's made in contravention to the court order.

Expert:  Roger replied 1 year ago.

The court clerk may have a form motion you can use.....otherwise, you'd have to generate one yourself or hire a lawyer to draft one for you.

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