This is the response I received from you on July 11th regarding double jeopordy:
"The question is whether or not the trial judge took any evidence concerning the contempt matter. Stating that the attorney is assisting is not introducing evidence at trial.
If no testimony or evidence was taken, then the trial did not commence and no double jeopardy attached, which means that you can refile the contempt. Otherwise, the defendant is protected by the double jeopardy clause of the U.S. Constitution."
No evidence was taken. The only that is on the record is the judge stating that I have requested a dismiss without prejudice. Also, on the record the judge ask the 2 lawyers and the mother to thank me for doing what was in the best interest of the child. The judge began with stating that we both filed a motion in limine and then that is when I interupted the judge and ask for a settlement conference. But no testimony was given by eirhter party.
I have not added any new counts, not even the 2 violations that occured 2 days after I dismissed the contempt action. but what is funny is that during the following exchange, the lawyer husband stayed in the car. i just don't understand why it happend 2 days after i dismiss without prejudice and then he follows the orders the following week. i am leaving the counts just the way the judge ruled and allowed 31 of the counts to proceed. with that said, i should still expect a demurrer with the double jepordy. but after that will it go by pretty smoothly, in your opinion and by knowning the judge. finallly, i was serious about you representing me. i would love to have your assistance at trial for the contempt. we are not hurried on time because i have to file the contempt tomorrow, but i would love to find out your fees to represent me at trial.